SENATORS Stivers, Hottinger, Goodman, Wachtmann, Amstutz, Randy Gardner, Austria, Nein, Schuring, Armbruster, Coughlin, Carey, Harris, Mumper, Schuler

To amend sections 1533.18, 1701.76, 1701.82, 1775.14,

1

2117.06, 2125.01, 2125.02, 2125.04, 2305.01,

2

2305.03, 2305.10, 2305.25, 2307.011, 2307.23,

3

2307.29, 2307.60, 2307.71, 2307.75, 2307.80,

4

2315.01, 2315.21, 2315.32, 2315.33, 2315.34,

5

2315.36, 2323.41, 2323.43, 2323.51, 4507.07,

6

4513.263, and 4705.15; to enact sections 901.52,

7

1519.07, 2305.131, 2307.711, 2307.91 to 2307.97,

8

and 4705.16; and to repeal sections 2315.41,

9

2315.42, 2315.43, 2315.44, 2315.45, and 2315.46 of

10

the Revised Code to make changes related to the

11

award of certain damages, collateral benefits

12

evidence, and contributory fault in tort actions;

13

to establish a statute of repose for certain

14

product liability claims and claims based on

15

unsafe conditions of real property improvements

16

and to make other changes related to product

17

liability claims; to provide that the product

18

liability statutes are intended to abrogate common

19

law product liability causes of action; to enact a

20

conflicts of law provision for statutes of

21

limitation in civil actions; to modify the

22

provisions on frivolous conduct in filing civil

23

actions; to prohibit imputing any assurances or

24

assumption of liability regarding public access to

25

premises used for growing agricultural produce; to

26

enact a legal consumer's bill of rights; to limit

27

attorney contingency fees in connection with

28

certain tort actions; to establish minimum medical

29

requirements for filing certain asbestos claims;

30

to establish limitations on successor

31

asbestos-related liabilities relating to

32

corporations; and to make other changes related to

33

civil actions; and to amend the version of section

34

4513.263 of the Revised Code that is scheduled to

35

take effect January 1, 2004, to continue the

36

provisions of this act on and after that effective

37

date.

38

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1533.18, 1701.76, 1701.82, 1775.14,	39
2117.06, 2125.01, 2125.02, 2125.04, 2305.01, 2305.03, 2305.10,	40
2305.25, 2307.011, 2307.23, 2307.29, 2307.60, 2307.71, 2307.75,	41
2307.80, 2315.01, 2315.21, 2315.32, 2315.33, 2315.34, 2315.36,	42
2323.41, 2323.43, 2323.51, 4507.07, 4513.263, and 4705.15 be	43
amended and sections 901.52, 1519.07, 2305.131, 2307.711, 2307.91,	44
2307.92, 2307.93, 2307.94, 2307.95, 2307.96, 2307.97, and 4705.16	45
of the Revised Code be enacted to read as follows:	46

Sec. 901.52. (A) As used in this section, "tort action" has	47
the same meaning as in section 2305.35 of the Revised Code.	48

(B) In a tort action, in the absence of willful or wanton	49
misconduct or intentionally tortious conduct, no owner, lessee,	50
renter, or operator of premises that are open to the public for	51
direct access to growing agricultural produce shall be imputed to	52
do either of the following:	53

(1) Extend any assurance to a person that the premises are	54
safe from naturally occurring hazards merely by the act of giving	55
permission to the person to enter the premises or by receiving	56
consideration for the produce picked by the person;	57

(2) Assume responsibility or liability for injury, death, or	58
loss to person or property, allegedly resulting from the natural	59
condition of the terrain of the premises or from the condition of	60
the terrain resulting from cultivation of soil.	61

Sec. 1519.07.  (A) As used in this section:

62

(1) "Premises" means a parcel of land together with any	63
waters, buildings, or structures on it that is privately owned and	64
that is directly adjacent to a recreational trail.	65

(2) "Recreational trail" means a public trail that is used	66
for hiking, bicycling, horseback riding, ski touring, canoeing, or	67
other nonmotorized forms of recreational travel and that	68
interconnects state parks, forests, wildlife areas, nature	69
preserves, scenic rivers, or other places of scenic or historic	70
interest.	71

(3) "User of a recreational trail" means a person who, in the	72
course of using a recreational trail, enters on premises without	73
first obtaining express permission to be there from the owner,	74
lessee, or occupant of the premises.	75

(B)(1) An owner, lessee, or occupant of premises does not owe	76
any duty to a user of a recreational trail to keep the premises	77
safe for entry or use by a user of a recreational trail.	78

(2) An owner, lessee, or occupant of premise does not assume,	79
has no responsibility for, does not incur liability for, and is	80
not liable for any injury to person or property caused by any act	81
of a user of a recreational trail.	82

Sec. 1533.18.  As used in sections 1533.18 and 1533.181 of	83
the Revised Code:	84

(A) "Premises" means all privately-owned lands, ways, and	85
waters, and any buildings and structures thereon, and all	86
privately owned and state-owned lands, ways, and waters leased to	87
a private person, firm, or organization, including any buildings	88
and structures thereon.	89

(B) "Recreational user" means a person to whom permission has	90
been granted, without the payment of a fee or consideration to the	91
owner, lessee, or occupant of premises, other than a fee or	92
consideration paid to the state or any agency of the state, or a	93
lease payment paid to the owner of privately owned lands, to enter	94
upon premises to hunt, fish, trap, camp, hike, swim, operate a	95
snowmobile or all-purpose vehicle, or engage in other recreational	96
pursuits.	97

(C) "All-purpose vehicle" has the same meaning as in section	98
4519.01 of the Revised Code.	99

Sec. 1701.76.  (A)(1) Provided the provisions of Chapter	100
1704. of the Revised Code do not prevent the transaction from	101
being effected, a lease, sale, exchange, transfer, or other	102
disposition of all, or substantially all, of the assets, with or	103
without the good will, of a corporation, if not made in the usual	104
and regular course of its business, may be made upon suchthe	105
terms and conditions and for suchthe consideration, whichthat	106
may consist, in whole or in part, of money or other property of	107
any description, including shares or other securities or	108
promissory obligations of any other corporation, domestic or	109
foreign, asthat may be authorized as follows:	110

(a) By the directors, either before or after authorization by	111
the shareholders as required in this section; and	112

(b) At a meeting of the shareholders held for suchthat	113
purpose, by the affirmative vote of the holders of shares	114
entitling them to exercise two-thirds of the voting power of the	115
corporation on suchthe proposal, or, if the articles so provide	116
or permit, by the affirmative vote of a greater or lesser	117
proportion, but not less than a majority, of suchthe voting	118
power, and by suchthe affirmative vote of the holders of shares	119
of any particular class asthat is required by the articles.	120

(2) At the shareholder meeting described in division	121
(A)(1)(b) of this section or at any subsequent shareholder	122
meeting, shareholders, by the same vote that is required to	123
authorize the lease, sale, exchange, transfer, or other	124
disposition of all, or substantially all, of the assets, with or	125
without the good will, of the corporation, may grant authority to	126
the directors to establish or amend any of the terms and	127
conditions of the transaction, except that the shareholders shall	128
not authorize the directors to do any of the following:	129

(a) Alter or change the amount or kind of shares, securities,	130
money, property, or rights to be received in exchange for the	131
assets;	132

(b) Alter or change to any material extent the amount or kind	133
of liabilities to be assumed in exchange for the assets;	134

(c) Alter or change any other terms and conditions of the	135
transaction if any of the alterations or changes, alone or in the	136
aggregate, would materially adversely affect the shareholders or	137
the corporation.	138

(3) Notice of the meeting of the shareholders described in	139
division (A)(1)(b) of this section shall be given to all	140
shareholders whether or not entitled to vote at the meeting and	141
shall be accompanied by a copy or summary of the terms of the	142
transaction.	143

(B) The corporation by its directors may abandon suchthe	144
transaction under this section, subject to the contract rights of	145
other persons, if the power of abandonment is conferred upon the	146
directors either by the terms of the transaction or by the same	147
vote of shareholders and at the same meeting of shareholders as	148
that referred to in division (A)(1)(b) of this section or at any	149
subsequent meeting.	150

(C) Dissenting holders of shares of any class, whether or not	151
entitled to vote, shall be entitled to relief under section	152
1701.85 of the Revised Code.	153

(D) An action to set aside a conveyance by a corporation, on	154
the ground that any section of the Revised Code applicable to the	155
lease, sale, exchange, transfer, or other disposition of all, or	156
substantially all, of the assets of suchthat corporation has not	157
been complied with, shall be brought within ninety days after such	158
that transaction, or suchthe action shall be forever barred.	159

(E) If a resolution of dissolution is adopted pursuant to	160
section 1701.86 of the Revised Code, the directors may dispose of	161
all, or substantially all, of the corporation's assets without the	162
necessity of a shareholders' authorization under this section.	163

(F) The terms and conditions of any transaction under this	164
section shall be subject to the limitations specified in section	165
2307.96 of the Revised Code.	166

Sec. 1701.82.  (A) When a merger or consolidation becomes	167
effective, all of the following apply:	168

(1) The separate existence of each constituent entity other	169
than the surviving entity in a merger shall cease, except that	170
whenever a conveyance, assignment, transfer, deed, or other	171
instrument or act is necessary to vest property or rights in the	172
surviving or new entity, the officers, general partners, or other	173
authorized representatives of the respective constituent entities	174
shall execute, acknowledge, and deliver suchthose instruments and	175
do suchthose acts. For these purposes, the existence of the	176
constituent entities and the authority of their respective	177
officers, directors, general partners, or other authorized	178
representatives is continued notwithstanding the merger or	179
consolidation.	180

(2) In the case of a consolidation, the new entity exists	181
when the consolidation becomes effective and, if it is a domestic	182
corporation, the articles contained in or provided for in the	183
agreement of consolidation shall be its original articles. In the	184
case of a merger in which the surviving entity is a domestic	185
corporation, the articles of the domestic surviving corporation in	186
effect immediately prior to the time the merger becomes effective	187
shall continue as its articles after the merger except as	188
otherwise provided in the agreement of merger.	189

(3) The surviving or new entity possesses all assets and	190
property of every description, and every interest in the assets	191
and property, wherever located, and the rights, privileges,	192
immunities, powers, franchises, and authority, of a public as well	193
as of a private nature, of each constituent entity, and, subject	194
to the limitations specified in section 2307.96 of the Revised	195
Code, all obligations belonging to or due to each constituent	196
entity, all of which are vested in the surviving or new entity	197
without further act or deed. Title to any real estate or any	198
interest in the real estate vested in any constituent entity shall	199
not revert or in any way be impaired by reason of such merger or	200
consolidation.	201

(4) TheSubject to the limitations specified in section	202
2307.96 of the Revised Code, the surviving or new entity is liable	203
for all the obligations of each constituent entity, including	204
liability to dissenting shareholders. Any claim existing or any	205
action or proceeding pending by or against any constituent entity	206
may be prosecuted to judgment, with right of appeal, as if the	207
merger or consolidation had not taken place, or the surviving or	208
new entity may be substituted in its place.	209

(5) AllSubject to the limitations specified in section	210
2307.96 of the Revised Code, all the rights of creditors of each	211
constituent entity are preserved unimpaired, and all liens upon	212
the property of any constituent entity are preserved unimpaired,	213
on only the property affected by suchthose liens immediately	214
prior to the effective date of the merger or consolidation. If a	215
general partner of a constituent partnership is not a general	216
partner of the entity surviving or the new entity resulting from	217
the merger or consolidation, then the former general partner shall	218
have no liability for any obligation incurred after the merger or	219
consolidation except to the extent that a former creditor of the	220
constituent partnership in which the former general partner was a	221
partner extends credit to the surviving or new entity reasonably	222
believing that the former general partner continued as a general	223
partner of the surviving or new entity.	224

(B) If a general partner of a constituent partnership is not	225
a general partner of the entity surviving or the new entity	226
resulting from the merger or consolidation, the provisions of	227
division (B) of section 1782.434 of the Revised Code shall apply.	228

(C) In the case of a merger of a domestic constituent	229
corporation into a foreign surviving corporation, limited	230
liability company, or limited partnership that is not licensed or	231
registered to transact business in this state or in the case of a	232
consolidation of a domestic constituent corporation into a new	233
foreign corporation, limited liability company, or limited	234
partnership, if the surviving or new entity intends to transact	235
business in this state and the certificate of merger or	236
consolidation is accompanied by the information described in	237
division (B)(4) of section 1701.81 of the Revised Code, then, on	238
the effective date of the merger or consolidation, the surviving	239
or new entity shall be considered to have complied with the	240
requirements for procuring a license or for registering to	241
transact business in this state as a foreign corporation, limited	242
liability company, or limited partnership, as the case may be. In	243
such a case, a copy of the certificate of merger or consolidation	244
certified by the secretary of state constitutes the license	245
certificate prescribed by the laws of this state for a foreign	246
corporation transacting business in this state or the application	247
for registration prescribed for a foreign limited partnership or	248
limited liability company.	249

(D) Any action to set aside any merger or consolidation on	250
the ground that any section of the Revised Code applicable to the	251
merger or consolidation has not been complied with shall be	252
brought within ninety days after the effective date of suchthat	253
merger or consolidation or be forever barred.	254

(E) As used in this section, "corporation" or "entity"	255
applies to both domestic and foreign corporations and entities	256
where the context so permits. In the case of a foreign constituent	257
entity or a foreign new entity, this section is subject to the	258
laws of the state under the laws of which the entity exists or in	259
which it has property.	260

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	261
Code and except as provided in division (B) of this section, all	262
partners are liable as follows:	263

(1) Jointly and severally for everything chargeable to the	264
partnership under sections 1775.12 and 1775.13 of the Revised	265
Code. This joint and several liability is not subject to section	266
2307.22,or 2315.36, or 2315.46 of the Revised Code with respect	267
to a negligence or other tort claim that otherwise is subject to	268
anyeither of those sections.	269

(2) Jointly for all other debts and obligations of the	270
partnership, but any partner may enter into a separate obligation	271
to perform a partnership contract.	272

(B) Subject to divisions (C)(1) and (2) of this section or as	273
otherwise provided in a written agreement between the partners of	274
a registered limited liability partnership, a partner in a	275
registered limited liability partnership is not liable, directly	276
or indirectly, by way of indemnification, contribution,	277
assessment, or otherwise, for debts, obligations, or other	278
liabilities of any kind of, or chargeable to, the partnership or	279
another partner or partners arising from negligence or from	280
wrongful acts, errors, omissions, or misconduct, whether or not	281
intentional or characterized as tort, contract, or otherwise,	282
committed or occurring while the partnership is a registered	283
limited liability partnership and committed or occurring in the	284
course of the partnership business by another partner or an	285
employee, agent, or representative of the partnership.	286

(C)(1) Division (B) of this section does not affect the	287
liability of a partner in a registered limited liability	288
partnership for that partner's own negligence, wrongful acts,	289
errors, omissions, or misconduct, including that partner's own	290
negligence, wrongful acts, errors, omissions, or misconduct in	291
directly supervising any other partner or any employee, agent, or	292
representative of the partnership.	293

(2) Division (B) of this section shall not affect the	294
liability of a partner for liabilities imposed by Chapters 5735.,	295
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	296

(D) A partner in a registered limited liability partnership	297
is not a proper party to an action or proceeding by or against a	298
registered limited liability partnership with respect to any debt,	299
obligation, or other liability of any kind described in division	300
(B) of this section, unless the partner is liable under divisions	301
(C)(1) and (2) of this section.	302

Sec. 2117.06.  (A) All creditors having claims against an	303
estate, including claims arising out of contract, out of tort, on	304
cognovit notes, or on judgments, whether due or not due, secured	305
or unsecured, liquidated or unliquidated, shall present their	306
claims in one of the following manners:	307

(1) To the executor or administrator in a writing;

308

(2) To the executor or administrator in a writing, and to the	309
probate court by filing a copy of the writing with it;	310

(3) In a writing that is sent by ordinary mail addressed to	311
the decedent and that is actually received by the executor or	312
administrator within the appropriate time specified in division	313
(B) of this section. For purposes of this division, if an executor	314
or administrator is not a natural person, the writing shall be	315
considered as being actually received by the executor or	316
administrator only if the person charged with the primary	317
responsibility of administering the estate of the decedent	318
actually receives the writing within the appropriate time	319
specified in division (B) of this section.	320

(B) All claims shall be presented within one year after the	321
death of the decedent, whether or not the estate is released from	322
administration or an executor or administrator is appointed during	323
that one-year period. Every claim presented shall set forth the	324
claimant's address.	325

(C) A claim that is not presented within one year after the	326
death of the decedent shall be forever barred as to all parties,	327
including, but not limited to, devisees, legatees, and	328
distributees. No payment shall be made on the claim and no action	329
shall be maintained on the claim, except as otherwise provided in	330
sections 2117.37 to 2117.42 of the Revised Code with reference to	331
contingent claims.	332

(D) In the absence of any prior demand for allowance, the	333
executor or administrator shall allow or reject all claims, except	334
tax assessment claims, within thirty days after their	335
presentation, provided that failure of the executor or	336
administrator to allow or reject within that time shall not	337
prevent the executor or administrator from doing so after that	338
time and shall not prejudice the rights of any claimant. Upon the	339
allowance of a claim, the executor or the administrator, on demand	340
of the creditor, shall furnish the creditor with a written	341
statement or memorandum of the fact and date of the allowance.	342

(E) If the executor or administrator has actual knowledge of	343
a pending action commenced against the decedent prior to the	344
decedent's death in a court of record in this state, the executor	345
or administrator shall file a notice of the appointment of the	346
executor or administrator in the pending action within ten days	347
after acquiring that knowledge. If the administrator or executor	348
is not a natural person, actual knowledge of a pending suit	349
against the decedent shall be limited to the actual knowledge of	350
the person charged with the primary responsibility of	351
administering the estate of the decedent. Failure to file the	352
notice within the ten-day period does not extend the claim period	353
established by this section.	354

(F) This section applies to any person who is required to	355
give written notice to the executor or administrator of a motion	356
or application to revive an action pending against the decedent at	357
the date of the death of the decedent.	358

(G) Nothing in this section or in section 2117.07 of the	359
Revised Code shall be construed to reduce the time mentioned	360
periods of limitation or periods prior to repose in section	361
2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12Chapter	362
2305. of the Revised Code, provided that no portion of any	363
recovery on a claim brought pursuant to that section or any of	364
those sectionssection in that chapter shall come from the assets	365
of an estate unless the claim has been presented against the	366
estate in accordance with Chapter 2117. of the Revised Code.	367

(H) Any person whose claim has been presented and has not	368
been rejected after presentment is a creditor as that term is used	369
in Chapters 2113. to 2125. of the Revised Code. Claims that are	370
contingent need not be presented except as provided in sections	371
2117.37 to 2117.42 of the Revised Code, but, whether presented	372
pursuant to those sections or this section, contingent claims may	373
be presented in any of the manners described in division (A) of	374
this section.	375

(I) If a creditor presents a claim against an estate in	376
accordance with division (A)(2) of this section, the probate court	377
shall not close the administration of the estate until that claim	378
is allowed or rejected.	379

(J) The probate court shall not require an executor or	380
administrator to make and return into the court a schedule of	381
claims against the estate.	382

(K) If the executor or administrator makes a distribution of	383
the assets of the estate prior to the expiration of the time for	384
the filing of claims as set forth in this section, the executor or	385
administrator shall provide notice on the account delivered to	386
each distributee that the distributee may be liable to the estate	387
up to the value of the distribution and may be required to return	388
all or any part of the value of the distribution if a valid claim	389
is subsequently made against the estate within the time permitted	390
under this section.	391

Sec. 2125.01. When(A)(1) Except as provided in division (B)	392
of this section, if the death of a person is caused by wrongful	393
act, neglect, or default whichthat would have entitled the party	394
injured person to maintain ana civil action and recover damages	395
if death had not ensued, the person who would have been liable if	396
death had not ensued, or the administrator or executor of the	397
estate of suchthe liable person, as suchthat administrator or	398
executor, shall beis liable to an action forin damages in a	399
civil action for wrongful death under this chapter,	400
notwithstanding the death of the injured person injured and	401
although the death was caused under circumstances whichthat make	402
it aggravated murder, murder, or manslaughter. WhenIf the civil	403
action for wrongful death is against suchan administrator or	404
executor, the damages recovered shall be a valid claim against the	405
estate of suchthe deceased liable person. No civil action for the	406
wrongful death of a person may be maintained against the owner or	407
lessee of the real property upon which the death occurred if the	408
cause of the death was the violent unprovoked act of a party other	409
than the owner, the lessee, or a person under the control of the	410
owner or lessee, unless the acts or omissions of the owner,	411
lessee, or person under the control of the owner or lessee	412
constitute gross negligence.	413

When(2) If the death of a person is caused by a wrongful	414
act, neglect, or default in another state or foreign country, for	415
whichand a right to maintain ana civil action for wrongful death	416
and recover damages is given by a statute of suchthe other state	417
or foreign country, suchthe right ofto maintain the civil action	418
may be enforced in this state, except as provided in division (B)	419
of this section. Every suchcivil action of that nature shall be	420
commenced within the time prescribed for the commencement of such	421
civil actions of that nature by the statute of suchthe other	422
state or foreign country.	423

The same remedy shall apply to any such cause of action now	424
existing and to any such action commenced before January 1, 1932,	425
or attempted to be commenced in proper time and now appearing on	426
the files of any court within this state, and no prior law of this	427
state shall prevent the maintenance of such cause of action.	428

(B) A person may not maintain a civil action for wrongful	429
death in a court of this state under division (A)(1) or (2) of	430
this section if either of the following applies:	431

(1) The person liable for the personal injuries sustained by	432
the decedent or the administrator or executor of that person's	433
estate compensated the decedent for those injuries prior to the	434
death of the decedent; because of the payment of that	435
compensation, the decedent executed to that person, administrator,	436
or executor a valid release of the decedent's claims against that	437
person or that person's estate based on the personal injuries	438
sustained by the decedent; and those personal injuries were	439
sustained under the same circumstances that otherwise could be the	440
basis of a civil action for wrongful death in a court of this	441
state under division (A)(1) or (2) of this section.	442

(2) Prior to the death of the decedent, a judgment for	443
damages was entered in a civil action against the person liable	444
for the personal injuries sustained by the decedent or against the	445
administrator or executor of that person's estate; that person or	446
the administrator or executor of that person's estate fully	447
satisfied the judgment so entered prior to the decedent's death;	448
and the decedent's personal injuries that were the subject of that	449
civil action were sustained under the same circumstances that	450
otherwise could be the basis of a civil action for wrongful death	451
in a court of this state under division (A)(1) or (2) of this	452
section.	453

Sec. 2125.02.  (A)(1) Except as provided in this division, an	454
a civil action for wrongful death shall be brought in the name of	455
the personal representative of the decedent for the exclusive	456
benefit of the surviving spouse, the children, and the parents of	457
the decedent, all of whom are rebuttably presumed to have suffered	458
damages by reason of the wrongful death, and for the exclusive	459
benefit of the other next of kin of the decedent. A parent who	460
abandoned a minor child who is the decedent shall not receive any	461
a benefit in a wrongful deathcivil action for wrongful death	462
brought under this division.	463

(2) The jury, or the court if the civil action for wrongful	464
death is not tried to a jury, may award damages authorized by	465
division (B) of this section, as it determines are proportioned to	466
the injury and loss resulting to the beneficiaries described in	467
division (A)(1) of this section by reason of the wrongful death	468
and may award the reasonable funeral and burial expenses incurred	469
as a result of the wrongful death. In its verdict, the jury or	470
court shall set forth separately the amount, if any, awarded for	471
the reasonable funeral and burial expenses incurred as a result of	472
the wrongful death.	473

(3)(a) The date of the decedent's death fixes, subject to	474
division (A)(3)(b)(iii) of this section, the status of all	475
beneficiaries of the civil action for wrongful death for purposes	476
of determining the damages suffered by them and the amount of	477
damages to be awarded. A person who is conceived prior to the	478
decedent's death and who is born alive after the decedent's death	479
is a beneficiary of the action.	480

(b)(i) In determining the amount of damages to be awarded,	481
the jury or court may consider all factors existing at the time of	482
the decedent's death that are relevant to a determination of the	483
damages suffered by reason of the wrongful death.	484

(ii) Consistent with the Rules of Evidence, anya party to an	485
a civil action for wrongful death may present evidence of the cost	486
of an annuity in connection with anyan issue of recoverable	487
future damages. If suchthat evidence is presented, then, in	488
addition to the factors described in division (A)(3)(b)(i) of this	489
section and, if applicable, division (A)(3)(b)(iii) of this	490
section, the jury or court may consider that evidence in	491
determining the future damages suffered by reason of the wrongful	492
death. If suchthat evidence is presented, the present value in	493
dollars of anyan annuity is its cost.	494

(iii) Consistent with the Rules of Evidence, anya party to	495
ana civil action for wrongful death may present evidence that the	496
surviving spouse of the decedent is remarried. If suchthat	497
evidence is presented, then, in addition to the factors described	498
in divisions (A)(3)(b)(i) and (ii) of this section, the jury or	499
court may consider that evidence in determining the damages	500
suffered by the surviving spouse by reason of the wrongful death.	501

(B) Compensatory damages may be awarded in ana civil action	502
for wrongful death and may include damages for the following:	503

(1) Loss of support from the reasonably expected earning	504
capacity of the decedent;	505

(2) Loss of services of the decedent;

506

(3) Loss of the society of the decedent, including loss of	507
companionship, consortium, care, assistance, attention,	508
protection, advice, guidance, counsel, instruction, training, and	509
education, suffered by the surviving spouse, minordependent	510
children, parents, or next of kin of the decedent;	511

(4) Loss of prospective inheritance to the decedent's heirs	512
at law at the time of the decedent's death;	513

(5) The mental anguish incurred by the surviving spouse,	514
minordependent children, parents, or next of kin of the decedent.	515

(C) A personal representative appointed in this state, with	516
the consent of the court making the appointment and at any time	517
before or after the commencement of ana civil action for wrongful	518
death, may settle with the defendant the amount to be paid.	519

(D) An(1) Except as provided in division (D)(2) of this	520
section, a civil action for wrongful death shall be commenced	521
within two years after the decedent's death.	522

(2)(a) Except as otherwise provided in divisions (D)(2)(b),	523
(c), (d), (e), and (f) of this section, no cause of action for	524
wrongful death involving a product liability claim shall accrue	525
against the manufacturer or supplier of a product later than ten	526
years from the date that the product was delivered to its first	527
purchaser or first lessee who was not engaged in a business in	528
which the product was used as a component in the production,	529
construction, creation, assembly, or rebuilding of another	530
product.	531

(b) Division (D)(2)(a) of this section does not apply if the	532
manufacturer or supplier of a product engaged in fraud in regard	533
to information about the product and the fraud contributed to the	534
harm that is alleged in a product liability claim involving that	535
product.	536

(c) Division (D)(2)(a) of this section does not bar a civil	537
action for wrongful death involving a product liability claim	538
against a manufacturer or supplier of a product who made an	539
express, written warranty as to the safety of the product that was	540
for a period longer than ten years and that, at the time of the	541
decedent's death, has not expired in accordance with the terms of	542
that warranty.	543

(d) If the decedent's death occurs during the ten-year period	544
described in division (D)(2)(a) of this section but less than two	545
years prior to the expiration of that period, a civil action for	546
wrongful death involving a product liability claim may be	547
commenced within two years after the decedent's death.	548

(e) If the decedent's death occurs during the ten-year period	549
described in division (D)(2)(a) of this section and the claimant	550
cannot commence an action during that period due to a disability	551
described in section 2305.16 of the Revised Code, a civil action	552
for wrongful death involving a product liability claim may be	553
commenced within two years after the disability is removed.	554

(f)(i) Division (D)(2)(a) of this section does not bar a	555
civil action for wrongful death based on a product liability claim	556
against a manufacturer or supplier of a product if the product	557
involved is a substance or device described in division (B)(1),	558
(2), (3), or (4) of section 2305.10 of the Revised Code and the	559
decedent's death resulted from exposure to the product during the	560
ten-year period described in division (D)(2)(a) of this section.	561

(ii) If division (D)(2)(f)(i) of this section applies	562
regarding a civil action for wrongful death, the cause of action	563
that is the basis of the action accrues upon the date on which the	564
claimant is informed by competent medical authority that the	565
decedent's death was related to the exposure to the product or	566
upon the date on which by the exercise of reasonable diligence the	567
claimant should have known that the decedent's death was related	568
to the exposure to the product, whichever date occurs first. A	569
civil action for wrongful death based on a cause of action	570
described in division (D)(2)(f)(i) of this section shall be	571
commenced within two years after the cause of action accrues and	572
shall not be commenced more than two years after the cause of	573
action accrues.	574

(g) Division (D)(2)(a) of this section does not bar a civil	575
action for wrongful death based on a product liability claim	576
against a manufacturer or supplier of a product if the product	577
involved is a substance or device described in division (B)(5) of	578
section 2315.10 of the Revised Code. If division (D)(2)(g) of this	579
section applies regarding a civil action for wrongful death, the	580
cause of action that is the basis of the action accrues upon the	581
date on which the claimant is informed by competent medical	582
authority that the decedent's death was related to the exposure to	583
the product or upon the date on which by the exercise of	584
reasonable diligence the claimant should have known that the	585
decedent's death was related to the exposure to the product,	586
whichever date occurs first. A civil action for wrongful death	587
based on a cause of action described in division (D)(2)(g) of this	588
section shall be commenced within two years after the cause of	589
action accrues and shall not be commenced more than two years	590
after the cause of action accrues.	591

(E)(1) If the personal representative of a deceased minor has	592
actual knowledge or reasonable cause to believe that the minor was	593
abandoned by a parent seeking to benefit from thea civil action	594
for wrongful death action or if any person listed in division	595
(A)(1) of this section who is permitted to benefit infrom a civil	596
action for wrongful death action filedcommenced in relation to a	597
deceased minor has actual knowledge or reasonable cause to believe	598
that the minor was abandoned by a parent seeking to benefit from	599
the wrongful death action, the personal representative or the	600
person may file a motion in the court in which the wrongful death	601
action is filedcommenced requesting the court to issue an order	602
finding that the parent abandoned the childminor and is not	603
entitled to recover damages in the wrongful death action based on	604
the death of the deceased minor child.	605

(2) The movant who files a motion described in division	606
(E)(1) of this section shall name the parent who abandoned the	607
childdeceased minor and, whether or not that parent is a resident	608
of this state, the parent shall be served with a summons and a	609
copy of the motion in accordance with the Rules of Civil	610
Procedure. Upon the filing of the motion, the court shall conduct	611
a hearing. In the hearing on the motion, the movant has the burden	612
of proving, by a preponderance of the evidence, that the parent	613
abandoned the deceased minor child. If, at the hearing, the court	614
finds that the movant has sustained that burden of proof, the	615
court shall issue an order that includes its findingfindings that	616
the parent abandoned the deceased minor child and that, because of	617
the prohibition set forth in division (A)(1) of this section, the	618
parent is not entitled to recover damages in the wrongful death	619
action based on the death of the deceased minor child.	620

(3) A motion requesting a court to issue an order finding	621
that thea specified parent abandoned thea minor child and is not	622
entitled to recover damages in thea civil action for wrongful	623
death action based on the death of the deceased minor child may be	624
filed at any time during the pendency of the wrongful death	625
action.	626

(F) This section does not create a new cause of action or	627
substantive legal right against any person involving a product	628
liability claim.	629

(G) As used in this section:

630

(1) "Annuity" means an annuity that would be purchased from	631
either of the following types of insurance companies:	632

(a) An insurance company that the A. M. Best Company, in its	633
most recently published rating guide of life insurance companies,	634
has rated A or better and has rated XII or higher as to financial	635
size or strength;	636

(b)(i) An insurance company that the superintendent of	637
insurance, under rules adopted pursuant to Chapter 119. of the	638
Revised Code for purposes of implementing this division,	639
determines is licensed to do business in this state and,	640
considering the factors described in division (F)(G)(1)(b)(ii) of	641
this section, is a stable insurance company that issues annuities	642
that are safe and desirable.	643

(ii) In making determinations as described in division	644
(F)(G)(1)(b)(i) of this section, the superintendent shall be	645
guided by the principle that the jury or court in ana civil	646
action for wrongful death should be presented only with evidence	647
as to the cost of annuities that are safe and desirable for the	648
beneficiaries of such anthe action who are awarded compensatory	649
damages under this section. In making suchthe determinations, the	650
superintendent shall consider the financial condition, general	651
standing, operating results, profitability, leverage, liquidity,	652
amount and soundness of reinsurance, adequacy of reserves, and the	653
management of anya particular insurance company in question	654
involved and also may consider ratings, grades, and	655
classifications of any nationally recognized rating services of	656
insurance companies and any other factors relevant to the making	657
of suchthe determinations.	658

(2) "Future damages" means damages that result from the	659
wrongful death and that will accrue after the verdict or	660
determination of liability by the jury or court is rendered in the	661
civil action for wrongful death.	662

(3) "Abandoned" means that a parent of a minor failed without	663
justifiable cause to communicate with the minor, care for the	664
minor, and provide for the maintenance or support of the minor as	665
required by law or judicial decree for a period of at least one	666
year immediately prior to the date of the death of the minor.	667

(4) "Minor" means a person who is less than eighteen years of	668
age.	669

(5) "Harm" means death.

670

(6) "Manufacturer," "product," "product liability claim," and	671
"supplier" have the same meanings as in section 2307.71 of the	672
Revised Code.	673

(H) Divisions (D) and (G)(5) to (G)(7) of this section shall	674
be considered to be purely remedial in operation and shall be	675
applied in a remedial manner in any civil action commenced on or	676
after the effective date of this amendment, in which those	677
divisions are relevant, regardless of when the cause of action	678
accrued and notwithstanding any other section of the Revised Code	679
or prior rule of law of this state, but shall not be construed to	680
apply to any civil action pending prior to the effective date of	681
this amendment.	682

Sec. 2125.04.  In every civil action for wrongful death	683
commenced or attempted to be commenced within the time specified	684
by division (D)(1) or (D)(2)(c), (d), (e), or (f) of section	685
2125.02 of the Revised Code, if a judgment for the plaintiff is	686
reversed or if the plaintiff fails otherwise than upon the merits,	687
and if the time limited by such sectionany of those divisions for	688
the commencement of suchthe action has expired at the date of	689
suchthe reversal or failure, the plaintiff or, if the plaintiff	690
dies and the cause of action survives, the personal representative	691
of the plaintiff may commence a new civil action for wrongful	692
death within one year after suchthat date, subject to division	693
(B) of section 2125.01 of the Revised Code or division (D)(2) of	694
section 2125.02 of the Revised Code.	695

Sec. 2305.01. TheExcept as otherwise provided by this	696
section or section 2305.03 of the Revised Code, the court of	697
common pleas has original jurisdiction in all civil cases in which	698
the sum or matter in dispute exceeds the exclusive original	699
jurisdiction of county courts and appellate jurisdiction from the	700
decisions of boards of county commissioners. The court of common	701
pleas shall not have jurisdiction to award compensatory damages	702
for noneconomic loss that exceed the amount set forth in section	703
2323.43 of the Revised Code. The court of common pleas shall not	704
have jurisdiction, in any tort action to which the amounts apply,	705
to award punitive or exemplary damages that exceed the amounts set	706
forth in section 2315.21 of the Revised Code.	707

The court of common pleas may on its own motion transfer for	708
trial any action in the court to any municipal court in the county	709
having concurrent jurisdiction of the subject matter of, and the	710
parties to, the action, if the amount sought by the plaintiff does	711
not exceed one thousand dollars and if the judge or presiding	712
judge of the municipal court concurs in the proposed transfer.	713
Upon the issuance of an order of transfer, the clerk of courts	714
shall remove to the designated municipal court the entire case	715
file. Any untaxed portion of the common pleas deposit for court	716
costs shall be remitted to the municipal court by the clerk of	717
courts to be applied in accordance with section 1901.26 of the	718
Revised Code, and the costs taxed by the municipal court shall be	719
added to any costs taxed in the common pleas court.	720

The court of common pleas has jurisdiction in any action	721
brought pursuant to division (I) of section 3733.11 of the Revised	722
Code if the residential premises that are the subject of the	723
action are located within the territorial jurisdiction of the	724
court.	725

The courts of common pleas of Adams, Athens, Belmont, Brown,	726
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	727
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	728
beyond the north or northwest shore of the Ohio river extending to	729
the opposite shore line, between the extended boundary lines of	730
any adjacent counties or adjacent state. Each of those courts of	731
common pleas has concurrent jurisdiction on the Ohio river with	732
any adjacent court of common pleas that borders on that river and	733
with any court of Kentucky or of West Virginia that borders on the	734
Ohio river and that has jurisdiction on the Ohio river under the	735
law of Kentucky or the law of West Virginia, whichever is	736
applicable, or under federal law.	737

Sec. 2305.03. A civil action,(A) Except as provided in	738
division (B) of this section and unless a different limitation is	739
prescribed by statute, cana civil action may be commenced only	740
within the period prescribed in sections 2305.032305.04 to	741
2305.22, inclusive, of the Revised Code. WhenIf interposed by	742
proper plea by a party to an action mentioned in suchany of those	743
sections, lapse of time shall be a bar theretoto the action.	744

(B) No civil action that is based upon a cause of action that	745
accrued in any other state, territory, district, or foreign	746
jurisdiction may be commenced and maintained in this state if the	747
period of limitation that applies to that action under the laws of	748
that other state, territory, district, or foreign jurisdiction has	749
expired or the period of limitation that applies to that action	750
under the laws of this state has expired.	751

Sec. 2305.10. An(A) Except as provided in division (C) of	752
this section, an action based on a product liability claim and an	753
action for bodily injury or injuring personal property shall be	754
brought within two years after the cause thereof aroseof action	755
accrues. Except as provided in divisions (B)(1), (2), (3), (4),	756
and (5) of this section, a cause of action accrues under this	757
division when the injury or loss to person or property occurs.	758

(B)(1) For purposes of division (A) of this section, a cause	759
of action for bodily injury that is not described in division	760
(B)(2), (3), (4), or (5) of this section and that is caused by	761
exposure to hazardous or toxic chemicals, ethical drugs, or	762
ethical medical devices accrues upon the date on which the	763
plaintiff is informed by competent medical authority that the	764
plaintiff has an injury that is related to the exposure, or upon	765
the date on which by the exercise of reasonable diligence the	766
plaintiff should have known that the plaintiff has an injury that	767
is related to the exposure, whichever date occurs first.	768

(2) For purposes of division (A) of this section, a cause of	769
action for bodily injury caused by exposure to asbestos or to	770
chromium in any of its chemical forms arisesaccrues upon the date	771
on which the plaintiff is informed by competent medical authority	772
that the plaintiff has been injured by suchan injury that is	773
related to the exposure, or upon the date on which, by the	774
exercise of reasonable diligence, the plaintiff should have become	775
awareknown that the plaintiff had been injured byhas an injury	776
that is related to the exposure, whichever date occurs first.	777

(3) For purposes of division (A) of this section, a cause of	778
action for bodily injury incurred by a veteran through exposure to	779
chemical defoliants or herbicides or other causative agents,	780
including agent orange, arisesaccrues upon the date on which the	781
plaintiff is informed by competent medical authority that the	782
plaintiff has been injured by suchan injury that is related to	783
the exposure, or upon the date on which by the exercise of	784
reasonable diligence the plaintiff should have known that the	785
plaintiff has an injury that is related to the exposure, whichever	786
date occurs first.	787

As used in this section, "agent orange," "causative agent,"	788
and "veteran" have the same meanings as in section 5903.21 of the	789
Revised Code.	790

(4) For purposes of division (A) of this section, a cause of	791
action for bodily injury which may be caused by exposure to	792
diethylstilbestrol or other nonsteroidal synthetic estrogens,	793
including exposure before birth, accrues upon the date on which	794
the plaintiff learns from a licensed physicianis informed by	795
competent medical authority that the plaintiff has an injury which	796
may bethat is related to suchthe exposure, or upon the date on	797
which by the exercise of reasonable diligence the plaintiff should	798
have become awareknown that the plaintiff has an injury which may	799
bethat is related to suchthe exposure, whichever date occurs	800
first.	801

(5) For purposes of division (A) of this section, a cause of	802
action for bodily injury caused by exposure to asbestos accrues	803
upon the date on which the plaintiff is informed by competent	804
medical authority that the plaintiff has an injury that is related	805
to the exposure, or upon the date on which by the exercise of	806
reasonable diligence the plaintiff should have known that the	807
plaintiff has an injury that is related to the exposure, whichever	808
date occurs first.	809

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	810
(4), (5), (6), and (7) of this section, no cause of action based	811
on a product liability claim shall accrue against the manufacturer	812
or supplier of a product later than ten years from the date that	813
the product was delivered to its first purchaser or first lessee	814
who was not engaged in a business in which the product was used as	815
a component in the production, construction, creation, assembly,	816
or rebuilding of another product.	817

(2) Division (C)(1) of this section does not apply if the	818
manufacturer or supplier of a product engaged in fraud in regard	819
to information about the product and the fraud contributed to the	820
harm that is alleged in a product liability claim involving that	821
product.	822

(3) Division (C)(1) of this section does not bar an action	823
based on a product liability claim against a manufacturer or	824
supplier of a product who made an express, written warranty as to	825
the safety of the product that was for a period longer than ten	826
years and that, at the time of the accrual of the cause of action,	827
has not expired in accordance with the terms of that warranty.	828

(4) If the cause of action relative to a product liability	829
claim accrues during the ten-year period described in division	830
(C)(1) of this section but less than two years prior to the	831
expiration of that period, an action based on the product	832
liability claim may be commenced within two years after the cause	833
of action accrues.	834

(5) If a cause of action relative to a product liability	835
claim accrues during the ten-year period described in division	836
(C)(1) of this section and the claimant cannot commence an action	837
during that period due to a disability described in section	838
2305.16 of the Revised Code, an action based on the product	839
liability claim may be commenced within two years after the	840
disability is removed.	841

(6) Division (C)(1) of this section does not bar an action	842
for bodily injury caused by exposure to asbestos if the cause of	843
action that is the basis of the action accrues upon the date on	844
which the plaintiff is informed by competent medical authority	845
that the plaintiff has an injury that is related to the exposure,	846
or upon the date on which by the exercise of reasonable diligence	847
the plaintiff should have known that the plaintiff has an injury	848
that is related to the exposure, whichever date occurs first.	849

(7)(a) Division (C)(1) of this section does not bar an action	850
based on a product liability claim against a manufacturer or	851
supplier of a product if all of the following apply:	852

(i) The action is for bodily injury.

853

(ii) The product involved is a substance or device described	854
in division (B)(1), (2), (3), or (4) of this section.	855

(iii) The bodily injury results from exposure to the product	856
during the ten-year period described in division (C)(1) of this	857
section.	858

(b) If division (C)(7)(a) of this section applies regarding	859
an action, the cause of action accrues upon the date on which the	860
claimant is informed by competent medical authority that the	861
bodily injury was related to the exposure to the product, or upon	862
the date on which by the exercise of reasonable diligence the	863
claimant should have known that the bodily injury was related to	864
the exposure to the product, whichever date occurs first. The	865
action based on the product liability claim shall be commenced	866
within two years after the cause of action accrues and shall not	867
be commenced more than two years after the cause of action	868
accrues.	869

(D) This section does not create a new cause of action or	870
substantive legal right against any person involving a product	871
liability claim.	872

(E) As used in this section:

873

(1) "Agent orange," "causative agent," and "veteran" have the	874
same meanings as in section 5903.21 of the Revised Code.	875

(2) "Ethical drug," "ethical medical device," "manufacturer,"	876
"product," "product liability claim," and "supplier" have the same	877
meanings as in section 2307.71 of the Revised Code.	878

(3) "Harm" means injury, death, or loss to person or	879
property.	880

(F) This section shall be considered to be purely remedial in	881
operation and shall be applied in a remedial manner in any civil	882
action commenced on or after the effective date of this amendment,	883
in which this section is relevant, regardless of when the cause of	884
action accrued and notwithstanding any other section of the	885
Revised Code or prior rule of law of this state, but shall not be	886
construed to apply to any civil action pending prior to the	887
effective date of this amendment.	888

Sec. 2305.131.  (A)(1) Notwithstanding an otherwise	889
applicable period of limitations specified in this chapter or in	890
section 2125.02 of the Revised Code and except as otherwise	891
provided in divisions (A)(2), (A)(3), (C), and (D) of this	892
section, no cause of action to recover damages for bodily injury,	893
an injury to real or personal property, or wrongful death that	894
arises out of a defective and unsafe condition of an improvement	895
to real property and no cause of action for contribution or	896
indemnity for damages sustained as a result of bodily injury, an	897
injury to real or personal property, or wrongful death that arises	898
out of a defective and unsafe condition of an improvement to real	899
property shall accrue against a person who performed services for	900
the improvement to real property or a person who furnished the	901
design, planning, supervision of construction, or construction of	902
the improvement to real property later than ten years from the	903
date of the performance of the services or the furnishing of the	904
design, planning, supervision of construction, or construction.	905

(2) Notwithstanding an otherwise applicable period of	906
limitations specified in this chapter or in section 2125.02 of the	907
Revised Code, a claimant who discovers a defective and unsafe	908
condition of an improvement to real property during the ten-year	909
period specified in division (A)(1) of this section but less than	910
two years prior to the expiration of that period may commence a	911
civil action to recover damages as described in that division	912
within two years from the date of the discovery of that defective	913
and unsafe condition.	914

(3) Notwithstanding an otherwise applicable period of	915
limitations specified in this chapter or in section 2125.02 of the	916
Revised Code, if a cause of action that arises out of a defective	917
and unsafe condition of an improvement to real property accrues	918
during the ten-year period specified in division (A)(1) of this	919
section and the plaintiff cannot commence an action during that	920
period due to a disability described in section 2305.16 of the	921
Revised Code, the plaintiff may commence a civil action to recover	922
damages as described in that division within two years from the	923
removal of that disability.	924

(B) Division (A) of this section does not apply to a civil	925
action commenced against a person who is an owner of, tenant of,	926
landlord of, or other person in possession and control of an	927
improvement to real property and who is in actual possession and	928
control of the improvement to real property at the time that the	929
defective and unsafe condition of the improvement to real property	930
constitutes the proximate cause of the bodily injury, injury to	931
real or personal property, or wrongful death that is the subject	932
matter of the civil action.	933

(C) Division (A)(1) of this section is not available as an	934
affirmative defense to a defendant in a civil action described in	935
that division if the defendant engages in fraud in regard to	936
furnishing the design, planning, supervision of construction, or	937
construction of an improvement to real property or in regard to	938
any relevant fact or other information that pertains to the act or	939
omission constituting the alleged basis of the bodily injury,	940
injury to real or personal property, or wrongful death or to the	941
defective and unsafe condition of the improvement to real	942
property.	943

(D) Division (A)(1) of this section does not prohibit the	944
commencement of a civil action for damages against a person who	945
has expressly warranted or guaranteed an improvement to real	946
property for a period longer than the period described in division	947
(A)(1) of this section and whose warranty or guarantee has not	948
expired as of the time of the alleged bodily injury, injury to	949
real or personal property, or wrongful death in accordance with	950
the terms of that warranty or guarantee.	951

(E) This section does not create a new cause of action or	952
substantive legal right against any person resulting from the	953
design, planning, supervision of construction, or construction of	954
an improvement to real property.	955

(F) This section shall be considered to be purely remedial in	956
operation and shall be applied in a remedial manner in any civil	957
action commenced on or after the effective date of this section,	958
in which this section is relevant, regardless of when the cause of	959
action accrued and notwithstanding any other section of the	960
Revised Code or prior rule of law of this state, but shall not be	961
construed to apply to any civil action pending prior to the	962
effective date of this section.	963

Sec. 2305.25. As used in this section and sections 2305.251	964
to 2305.253 of the Revised Code:	965

(A)(1) "Health care entity" means an entity, whether acting	966
on its own behalf or on behalf of or in affiliation with other	967
health care entities, that conducts as part of its regular	968
business activities professional credentialing or quality review	969
activities involving the competence of, professional conduct of,	970
or quality of care provided by health care providers, including	971
both individuals who provide health care and entities that provide	972
health care.	973

(2) "Health care entity" includes any entity described in	974
division (A)(1) of this section, regardless of whether it is a	975
government entity; for-profit or nonprofit corporation; limited	976
liability company; partnership; professional corporation; state or	977
local society composed of physicians, dentists, optometrists,	978
psychologists, or pharmacists; or other health care organization.	979

(B) "Health insuring corporation" means an entity that holds	980
a certificate of authority under Chapter 1751. of the Revised	981
Code. "Health insuring corporation" includes wholly owned	982
subsidiaries of a health insuring corporation.	983

(C) "Hospital" means either of the following:

984

(1) An institution that has been registered or licensed by	985
the department of health as a hospital;	986

(2) An entity, other than an insurance company authorized to	987
do business in this state, that owns, controls, or is affiliated	988
with an institution that has been registered or licensed by the	989
department of health as a hospital.	990

(D) "Incident report or risk management report" means a	991
report of an incident involving injury or potential injury to a	992
patient as a result of patient care provided by health care	993
providers, including both individuals who provide health care and	994
entities that provide health care, that is prepared by or for the	995
use of a peer review committee of a health care entity and is	996
within the scope of the functions of that committee.	997

(E)(1) "Peer review committee" means a utilization review	998
committee, quality assessment committee, performance improvement	999
committee, tissue committee, credentialing committee, or other	1000
committee that does either of the following:	1001

(a) Conducts professional credentialing or quality review	1002
activities involving the competence of, professional conduct of,	1003
or quality of care provided by health care providers, including	1004
both individuals who provide health care and entities that provide	1005
health care;	1006

(b) Conducts any other attendant hearing process initiated as	1007
a result of a peer review committee's recommendations or actions.	1008

(2) "Peer review committee" includes all of the following:

1009

(a) A peer review committee of a hospital or long-term care	1010
facility or a peer review committee of a nonprofit health care	1011
corporation that is a member of the hospital or long-term care	1012
facility or of which the hospital or facility is a member;	1013

(b) A peer review committee of a community mental health	1014
center;	1015

(c) A board or committee of a hospital, a long-term care	1016
facility, or other health care entity when reviewing professional	1017
qualifications or activities of health care providers, including	1018
both individuals who provide health care and entities that provide	1019
health care;	1020

(d) A peer review committee, professional standards review	1021
committee, or arbitration committee of a state or local society	1022
composed of members who are in active practice as physicians,	1023
dentists, optometrists, psychologists, or pharmacists;	1024

(e) A peer review committee of a health insuring corporation	1025
that has at least a two-thirds majority of member physicians in	1026
active practice and that conducts professional credentialing and	1027
quality review activities involving the competence or professional	1028
conduct of health care providers that adversely affects or could	1029
adversely affect the health or welfare of any patient;	1030

(f) A peer review committee of a health insuring corporation	1031
that has at least a two-thirds majority of member physicians in	1032
active practice and that conducts professional credentialing and	1033
quality review activities involving the competence or professional	1034
conduct of a health care facility that has contracted with the	1035
health insuring corporation to provide health care services to	1036
enrollees, which conduct adversely affects, or could adversely	1037
affect, the health or welfare of any patient;	1038

(g) A peer review committee of a sickness and accident	1039
insurer that has at least a two-thirds majority of physicians in	1040
active practice and that conducts professional credentialing and	1041
quality review activities involving the competence or professional	1042
conduct of health care providers that adversely affects or could	1043
adversely affect the health or welfare of any patient;	1044

(h) A peer review committee of a sickness and accident	1045
insurer that has at least a two-thirds majority of physicians in	1046
active practice and that conducts professional credentialing and	1047
quality review activities involving the competence or professional	1048
conduct of a health care facility that has contracted with the	1049
insurer to provide health care services to insureds, which conduct	1050
adversely affects, or could adversely affect, the health or	1051
welfare of any patient;	1052

(i) A peer review committee of any insurer authorized under	1053
Title XXXIX of the Revised Code to do the business of medical	1054
professional liability insurance in this state that conducts	1055
professional quality review activities involving the competence or	1056
professional conduct of health care providers that adversely	1057
affects or could affect the health or welfare of any patient;	1058

(j) Any other peer review committee of a health care entity.

1059

(F) "Physician" means an individual authorized to practice	1060
medicine and surgery, osteopathic medicine and surgery, or	1061
podiatric medicine and surgery.	1062

(G) "Sickness and accident insurer" means an entity	1063
authorized under Title XXXIX of the Revised Code to do the	1064
business of sickness and accident insurance in this state.	1065

(H) "Tort action" means a civil action for damages for	1066
injury, death, or loss to a patient of a health care entity. "Tort	1067
action" includes a product liability claim, as defined in section	1068
2307.71 of the Revised Code, but does not include a civil action	1069
for a breach of contract or another agreement between persons.	1070

Sec. 2307.011. As used in Chapters 2307. and 2315. of the	1071
Revised Code:	1072

(A) "Conduct" means actions or omissions.

1073

(B) "Contributory fault" means contributory negligence, other	1074
contributory tortious conduct, comparative negligence, or, except	1075
as provided with respect to product liability claims in section	1076
2307.711 of the Revised Code, express or implied assumption of the	1077
risk.	1078

(C) "Economic loss" means any of the following types of	1079
pecuniary harm:	1080

(1) All wages, salaries, or other compensation lost as a	1081
result of an injury, death, or loss to person or property that is	1082
a subject of a tort action, including wages, salaries, or other	1083
compensation lost as of the date of a judgment and future expected	1084
lost earnings;	1085

(2) All expenditures for medical care or treatment,	1086
rehabilitation services, or other care, treatment, services,	1087
products, or accommodations incurred as a result of an injury,	1088
death, or loss to person that is a subject of a tort action,	1089
including expenditures for those purposes that were incurred as of	1090
the date of a judgment and expenditures for those purposes that,	1091
in the determination of the trier of fact, will be incurred in the	1092
future because of the injury, whether paid by the injured person	1093
or by another person on behalf of the injured person;	1094

(3) All expenditures of a person whose property was injured	1095
or destroyed or of another person on behalf of the person whose	1096
property was injured or destroyed in order to repair or replace	1097
the property;	1098

(4) Any other expenditures incurred as a result of an injury,	1099
death, or loss to person or property that is a subject of a tort	1100
action, except expenditures of the injured person, the person	1101
whose property was injured or destroyed, or another person on	1102
behalf of the injured person or the person whose property was	1103
injured or destroyed in relation to the actual preparation or	1104
presentation of the claim involved.	1105

(D) "Intentional tort claim" means a claim alleging that a	1106
tortfeasor intentionally caused or intentionally contributed to	1107
the injury or loss to person or property or the wrongful death or	1108
that a tortfeasor knew or believed that the injury or loss to	1109
person or property or the wrongful death was substantially certain	1110
to result from the tortfeasor's conduct. As used in sections	1111
2307.22, 2307.711, and 2315.32, and 2315.42 of the Revised Code,	1112
"intentional tort claim" does not include an intentional tort	1113
claim alleged by an employee or the employee's legal	1114
representative against the employee's employer and that arises	1115
from the tortfeasor's conduct that occurs on premises owned,	1116
leased, or supervised by the employer.	1117

(E) "Negligence claim" means a civil action for damages for	1118
injury, death, or loss to person or property to the extent that	1119
the damages are sought or recovered based on allegation or proof	1120
of negligence.	1121

(F) "Noneconomic loss" means nonpecuniary harm that results	1122
from an injury, death, or loss to person that is a subject of a	1123
tort action, including, but not limited to, pain and suffering;	1124
loss of society, consortium, companionship, care, assistance,	1125
attention, protection, advice, guidance, counsel, instruction,	1126
training, or education; mental anguish; and any other intangible	1127
loss.	1128

(G)(F) "Person" has the same meaning as in division (C) of	1129
section 1.59 of the Revised Code and additionally includes a	1130
political subdivision and the state.	1131

(H)(G) "Persons from whom the plaintiff does not seek	1132
recovery in this action" includes, but is not limited to, the	1133
following:	1134

(1) Persons who have entered into a settlement agreement with	1135
the plaintiff;	1136

(2) Persons whom the plaintiff has dismissed from the tort	1137
action without prejudice;	1138

(3) Persons whom the plaintiff has dismissed from the tort	1139
action with prejudice;	1140

(4) Persons who are not a party to the tort action whether or	1141
not that person was or could have been a party to the tort action	1142
if the name of the person has been disclosed prior to trial.	1143

(I)(H) "Plaintiff" includes the person for whom the plaintiff	1144
is legal representative.	1145

(J)(I) "Political subdivision" and "state" have the same	1146
meanings as in section 2744.01 of the Revised Code.	1147

(K)(J) "Tort action" means a civil action for damages for	1148
injury, death, or loss to person or property. "Tort action"	1149
includes a product liability claim, as defined in section 2307.71	1150
of the Revised Code, but does not include a civil action for	1151
damages for a breach of contract or another agreement between	1152
persons.	1153

(L)(K) "Trier of fact" means the jury or, in a nonjury	1154
action, the court.	1155

Sec. 2307.23. (A) In determining the percentage of tortious	1156
conduct attributable to a party in a tort action under section	1157
2307.22,or sections 2315.32 to 2315.36, or sections 2315.41 to	1158
2315.46 of the Revised Code, the court in a nonjury action shall	1159
make findings of fact, and the jury in a jury action shall return	1160
a general verdict accompanied by answers to interrogatories, that	1161
shall specify all of the following:	1162

(1) The percentage of tortious conduct that proximately	1163
caused the injury or loss to person or property or the wrongful	1164
death that is attributable to the plaintiff and to each party to	1165
the tort action from whom the plaintiff seeks recovery in this	1166
action;	1167

(2) The percentage of tortious conduct that proximately	1168
caused the injury or loss to person or property or the wrongful	1169
death that is attributable to each person from whom the plaintiff	1170
does not seek recovery in this action.	1171

(B) The sum of the percentages of tortious conduct as	1172
determined pursuant to division (A) of this section shall equal	1173
one hundred per cent.	1174

(C) For purposes of division (A)(2) of this section, it is an	1175
affirmative defense for each party to the tort action from whom	1176
the plaintiff seeks recovery in this action that a specific	1177
percentage of the tortious conduct that proximately caused the	1178
injury or loss to person or property or the wrongful death is	1179
attributable to one or more persons from whom the plaintiff does	1180
not seek recovery in this action. Any party to the tort action	1181
from whom the plaintiff seeks recovery in this action may raise an	1182
affirmative defense under this division at any time before the	1183
trial of the action.	1184

Sec. 2307.29.  No provision of sections 2307.25 to 2307.28 of	1185
the Revised Code applies to a negligence or other tort claim to	1186
the extent that sections 2307.22 to 2307.24,or sections 2315.32	1187
to 2315.36, or sections 2315.41 to 2315.46 of the Revised Code	1188
make a party against whom a judgment is entered liable to the	1189
plaintiff only for the proportionate share of that party as	1190
described in those sections.	1191

Sec. 2307.60. (A) Anyone injured in person or property by a	1192
criminal act has, and may recover full damages in, a civil action	1193
unless specifically excepted by law, may recover the costs of	1194
maintaining the civil action and attorney's fees if authorized by	1195
any provision of the Rules of Civil Procedure or another section	1196
of the Revised Code or under the common law of this state, and may	1197
recover punitive or exemplary damages if authorized by section	1198
2315.21 or another section of the Revised Code. No record of a	1199
conviction, unless obtained by confession in open court, shall be	1200
used as evidence in a civil action brought pursuant to division	1201
(A) of this section.	1202

(B)(1) As used in division (B) of this section, "tort action"	1203
means a civil action for damages for injury, death, or loss to	1204
person or property other than a civil action for damages for a	1205
breach of contract or another agreement between persons. "Tort	1206
action" includes, but is not limited to, a product liability	1207
claim, as defined in section 2307.71 of the Revised Code, an	1208
action for wrongful death under Chapter 2125. of the Revised Code,	1209
and an action based on derivative claims for relief.	1210

(2) Recovery on a claim for relief in a tort action is barred	1211
to any person or the person's legal representative if the person	1212
has been convicted of or has pleaded guilty to a felony, or to a	1213
misdemeanor that is an offense of violence, arising out of	1214
criminal conduct that was a proximate cause of the injury or loss	1215
for which relief is claimed in the action.	1216

(3) Division (B) of this section does not apply to civil	1217
claims based upon alleged intentionally tortious conduct, alleged	1218
violations of the United States Constitution, or alleged	1219
violations of statutes of the United States pertaining to civil	1220
rights.	1221

Sec. 2307.71. (A) As used in sections 2307.71 to 2307.80 of	1222
the Revised Code:	1223

(A)(1) "Claimant" means either of the following:

1224

(1)(a) A person who asserts a product liability claim or on	1225
whose behalf such a claim is asserted;	1226

(2)(b) If a product liability claim is asserted on behalf of	1227
the surviving spouse, children, parents, or other next of kin of a	1228
decedent or on behalf of the estate of a decedent, whether as a	1229
claim in a wrongful death action under Chapter 2125. of the	1230
Revised Code or as a survivorship claim, whichever of the	1231
following is appropriate:	1232

(a)(i) The decedent, if the reference is to the person who	1233
allegedly sustained harm or economic loss for which, or in	1234
connection with which, compensatory damages or punitive or	1235
exemplary damages are sought to be recovered;	1236

(b)(ii) The personal representative of the decedent or the	1237
estate of the decedent, if the reference is to the person who is	1238
asserting or has asserted the product liability claim.	1239

(B)(2) "Economic loss" means direct, incidental, or	1240
consequential pecuniary loss, including, but not limited to,	1241
damage to the product in question, and nonphysical damage to	1242
property other than that product. Harm is not "economic loss."	1243

(C)(3) "Environment" means navigable waters, surface water,	1244
ground water, drinking water supplies, land surface, subsurface	1245
strata, and air.	1246

(D)(4) "Ethical drug" means a prescription drug that is	1247
prescribed or dispensed by a physician or any other person who is	1248
legally authorized to prescribe or dispense a prescription drug.	1249

(E)(5) "Ethical medical device" means a medical device that	1250
is prescribed, dispensed, or implanted by a physician or any other	1251
person who is legally authorized to prescribe, dispense, or	1252
implant a medical device and that is regulated under the "Federal	1253
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	1254
as amended.	1255

(F)(6) "Foreseeable risk" means a risk of harm that satisfies	1256
both of the following:	1257

(1)(a) It is associated with an intended or reasonably	1258
foreseeable use, modification, or alteration of a product in	1259
question;.	1260

(2)(b) It is a risk that the manufacturer in question should	1261
recognize while exercising both of the following:	1262

(a)(i) The attention, perception, memory, knowledge, and	1263
intelligence that a reasonable manufacturer should possess;	1264

(b)(ii) Any superior attention, perception, memory,	1265
knowledge, or intelligence that the manufacturer in question	1266
possesses.	1267

(G)(7) "Harm" means death, physical injury to person, serious	1268
emotional distress, or physical damage to property other than the	1269
product in question. Economic loss is not "harm."	1270

(H)(8) "Hazardous or toxic substances" include, but are not	1271
limited to, hazardous waste as defined in section 3734.01 of the	1272
Revised Code, hazardous waste as specified in the rules of the	1273
director of environmental protection pursuant to division (A) of	1274
section 3734.12 of the Revised Code, hazardous substances as	1275
defined in section 3716.01 of the Revised Code, and hazardous	1276
substances, pollutants, and contaminants as defined in or by	1277
regulations adopted pursuant to the "Comprehensive Environmental	1278
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	1279
42 U.S.C. 9601, as amended.	1280

(I)(9) "Manufacturer" means a person engaged in a business to	1281
design, formulate, produce, create, make, construct, assemble, or	1282
rebuild a product or a component of a product.	1283

(J)(10) "Person" has the same meaning as in division (C) of	1284
section 1.59 of the Revised Code and also includes governmental	1285
entities.	1286

(K)(11) "Physician" means a person who is licensed to	1287
practice medicine and surgery or osteopathic medicine and surgery	1288
by the state medical board.	1289

(L)(1)(12)(a) "Product" means, subject to division	1290
(L)(2)(A)(12)(b) of this section, any object, substance, mixture,	1291
or raw material that constitutes tangible personal property and	1292
that satisfies all of the following:	1293

(a)(i) It is capable of delivery itself, or as an assembled	1294
whole in a mixed or combined state, or as a component or	1295
ingredient;.	1296

(b)(ii) It is produced, manufactured, or supplied for	1297
introduction into trade or commerce;.	1298

(c)(iii) It is intended for sale or lease to persons for	1299
commercial or personal use.	1300

(2)(b) "Product" does not include human tissue, blood, or	1301
organs.	1302

(M)(13) "Product liability claim" means a claim that is	1303
asserted in a civil action pursuant to sections 2307.71 to 2307.80	1304
of the Revised Code and that seeks to recover compensatory damages	1305
from a manufacturer or supplier for death, physical injury to	1306
person, emotional distress, or physical damage to property other	1307
than the product in question, that allegedly arose from any of the	1308
following:	1309

(1)(a) The design, formulation, production, construction,	1310
creation, assembly, rebuilding, testing, or marketing of that	1311
product;	1312

(2)(b) Any warning or instruction, or lack of warning or	1313
instruction, associated with that product;	1314

(3)(c) Any failure of that product to conform to any relevant	1315
representation or warranty.	1316

(N)(14) "Representation" means an express representation of a	1317
material fact concerning the character, quality, or safety of a	1318
product.	1319

(O)(1)(15)(a) "Supplier" means, subject to division	1320
(O)(2)(A)(15)(b) of this section, either of the following:	1321

(a)(i) A person that, in the course of a business conducted	1322
for the purpose, sells, distributes, leases, prepares, blends,	1323
packages, labels, or otherwise participates in the placing of a	1324
product in the stream of commerce;	1325

(b)(ii) A person that, in the course of a business conducted	1326
for the purpose, installs, repairs, or maintains any aspect of a	1327
product that allegedly causes harm.	1328

(2)(b) "Supplier" does not include any of the following:

1329

(a)(i) A manufacturer;

1330

(b)(ii) A seller of real property;

1331

(c)(iii) A provider of professional services who, incidental	1332
to a professional transaction the essence of which is the	1333
furnishing of judgment, skill, or services, sells or uses a	1334
product;	1335

(d)(iv) Any person who acts only in a financial capacity with	1336
respect to the sale of a product, or who leases a product under a	1337
lease arrangement in which the selection, possession, maintenance,	1338
and operation of the product are controlled by a person other than	1339
the lessor.	1340

(P)(16) "Unavoidably unsafe" means that, in the state of	1341
technical, scientific, and medical knowledge at the time a product	1342
in question left the control of its manufacturer, an aspect of	1343
that product was incapable of being made safe.	1344

(B) Sections 2307.71 to 2307.80 of the Revised Code are	1345
intended to abrogate all common law product liability causes of	1346
action.	1347

Sec. 2307.711. (A) Subject to divisions (B)(1), (2), and (3)	1348
of this section, sections 2315.32 to 2315.36 of the Revised Code	1349
apply to a product liability claim that is asserted pursuant to	1350
sections 2307.71 to 2307.80 of the Revised Code.	1351

(B)(1) Express or implied assumption of the risk may be	1352
asserted as an affirmative defense to a product liability claim	1353
under sections 2307.71 to 2307.80 of the Revised Code, except that	1354
express or implied assumption of the risk may not be asserted as	1355
an affirmative defense to an intentional tort claim.	1356

(2) Subject to division (B)(3) of this section, if express or	1357
implied assumption of the risk is asserted as an affirmative	1358
defense to a product liability claim under sections 2307.71 to	1359
2307.80 of the Revised Code and if it is determined that the	1360
claimant expressly or impliedly assumed a risk and that the	1361
express or implied assumption of the risk was a direct and	1362
proximate cause of harm for which the claimant seeks to recover	1363
damages, the express or implied assumption of the risk is a	1364
complete bar to the recovery of those damages.	1365

(3) If implied assumption of the risk is asserted as an	1366
affirmative defense to a product liability claim against a	1367
supplier under division (A)(1) of section 2307.78 of the Revised	1368
Code, sections 2315.32 to 2315.36 of the Revised Code are	1369
applicable to that affirmative defense and shall be used to	1370
determine whether the claimant is entitled to recover compensatory	1371
damages based on that claim and the amount of any recoverable	1372
compensatory damages.	1373

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	1374
this section, a product is defective in design or formulation if	1375
either of the following applies:	1376

(1) When, at the time it left the control of its	1377
manufacturer, the foreseeable risks associated with its design or	1378
formulation as determined pursuant to division (B) of this section	1379
exceeded the benefits associated with that design or formulation	1380
as determined pursuant to division (C) of this section;	1381

(2) It is more dangerous than an ordinary consumer would	1382
expect when used in an intended or reasonably foreseeable manner.	1383

(B) The foreseeable risks associated with the design or	1384
formulation of a product shall be determined by considering	1385
factors including, but not limited to, the following:	1386

(1) The nature and magnitude of the risks of harm associated	1387
with that design or formulation in light of the intended and	1388
reasonably foreseeable uses, modifications, or alterations of the	1389
product;	1390

(2) The likely awareness of product users, whether based on	1391
warnings, general knowledge, or otherwise, of those risks of harm;	1392

(3) The likelihood that that design or formulation would	1393
cause harm in light of the intended and reasonably foreseeable	1394
uses, modifications, or alterations of the product;	1395

(4) The extent to which that design or formulation conformed	1396
to any applicable public or private product standard that was in	1397
effect when the product left the control of its manufacturer.	1398

(C) The benefits associated with the design or formulation of	1399
a product shall be determined by considering factors including,	1400
but not limited to, the following:	1401

(1) The intended or actual utility of the product, including	1402
any performance or safety advantages associated with that design	1403
or formulation;	1404

(2) The technical and economic feasibility, when the product	1405
left the control of its manufacturer, of using an alternative	1406
design or formulation;	1407

(3) The nature and magnitude of any foreseeable risks	1408
associated with such an alternative design or formulation.	1409

(D) An ethical drug or ethical medical device is not	1410
defective in design or formulation because some aspect of it is	1411
unavoidably unsafe, if the manufacturer of the ethical drug or	1412
ethical medical device provides adequate warning and instruction	1413
under section 2307.76 of the Revised Code concerning that	1414
unavoidably unsafe aspect.	1415

(E) A product is not defective in design or formulation if	1416
the harm for which the claimant seeks to recover compensatory	1417
damages was caused by an inherent characteristic of the product	1418
which is a generic aspect of the product that cannot be eliminated	1419
without substantially compromising the product's usefulness or	1420
desirability and which is recognized by the ordinary person with	1421
the ordinary knowledge common to the community.	1422

(F) A product is not defective in design or formulation if,	1423
at the time the product left the control of its manufacturer, a	1424
practical and technically feasible alternative design or	1425
formulation was not available that would have prevented the harm	1426
for which the claimant seeks to recover compensatory damages	1427
without substantially impairing the usefulness or intended purpose	1428
of the product, unless the manufacturer acted unreasonably in	1429
introducing the product into trade or commerce.	1430

Sec. 2307.80.  (A) Subject to divisiondivisions (C) and (D)	1431
of this section, punitive or exemplary damages shall not be	1432
awarded against a manufacturer or supplier in question in	1433
connection with a product liability claim unless the claimant	1434
establishes, by clear and convincing evidence, that harm for which	1435
the claimant is entitled to recover compensatory damages in	1436
accordance with section 2307.73 or 2307.78 of the Revised Code was	1437
the result of misconduct of the manufacturer or supplier in	1438
question that manifested a flagrant disregard of the safety of	1439
persons who might be harmed by the product in question. The fact	1440
by itself that a product is defective does not establish a	1441
flagrant disregard of the safety of persons who might be harmed by	1442
that product.	1443

(B) Whether the trier of fact is a jury or the court, if the	1444
trier of fact determines that a manufacturer or supplier in	1445
question is liable for punitive or exemplary damages in connection	1446
with a product liability claim, the amount of those damages shall	1447
be determined by the court. In determining the amount of punitive	1448
or exemplary damages, the court shall consider factors including,	1449
but not limited to, the following:	1450

(1) The likelihood that serious harm would arise from the	1451
misconduct of the manufacturer or supplier in question;	1452

(2) The degree of the awareness of the manufacturer or	1453
supplier in question of that likelihood;	1454

(3) The profitability of the misconduct to the manufacturer	1455
or supplier in question;	1456

(4) The duration of the misconduct and any concealment of it	1457
by the manufacturer or supplier in question;	1458

(5) The attitude and conduct of the manufacturer or supplier	1459
in question upon the discovery of the misconduct and whether the	1460
misconduct has terminated;	1461

(6) The financial condition of the manufacturer or supplier	1462
in question;	1463

(7) The total effect of other punishment imposed or likely to	1464
be imposed upon the manufacturer or supplier in question as a	1465
result of the misconduct, including awards of punitive or	1466
exemplary damages to persons similarly situated to the claimant	1467
and the severity of criminal penalties to which the manufacturer	1468
or supplier in question has been or is likely to be subjected.	1469

(C) If(1) Except as provided in division (C)(2) of this	1470
section, if a claimant alleges in a product liability claim that a	1471
drug or device caused harm to the claimant, the manufacturer of	1472
the drug or device shall not be liable for punitive or exemplary	1473
damages in connection with that product liability claim if the	1474
drug or device that allegedly caused the harm satisfies either of	1475
the following:	1476

(a) It was manufactured and labeled in relevant and material	1477
respects in accordance with the terms of an approval or license	1478
issued by the federal food and drug administration under the	1479
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21	1480
U.S.C. 301-392, as amended, or the "Public Health Service Act," 58	1481
Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended, unless it is	1482
established.	1483

(b) It was an over-the-counter drug marketed pursuant to	1484
federal regulations, was generally recognized as safe and	1485
effective and as not being misbranded pursuant to the applicable	1486
federal regulations, and satisfied in relevant and material	1487
respects each of the conditions contained in the applicable	1488
regulations and each of the conditions contained in an applicable	1489
monograph.	1490

(2) Division (C)(1) of this section does not apply if the	1491
claimant establishes, by a preponderance of the evidence, that the	1492
manufacturer fraudulently and in violation of applicable	1493
regulations of the food and drug administration withheld from the	1494
food and drug administration information known to be material and	1495
relevant to the harm that the claimant allegedly suffered or	1496
misrepresented to the food and drug administration information of	1497
that type. For	1498

(3) For purposes of this division, "drugdivisions (C) and	1499
(D) of this section:	1500

(a) "Drug" has the same meaning given to that termas in the	1501
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040, 1041	1502
(1938), 21 U.S.C. 321(g)(1), as amended.	1503

(b) "Federal regulations" means regulations of the United	1504
States food and drug administration that are adopted pursuant to	1505
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	1506
21 U.S.C. 301-392, as amended, and that are set forth in Parts	1507
300, 400, 600, 800, and 1000 of Chapter I of Title 21 of the Code	1508
of Federal Regulations, 21 C.F.R. 300, 400, 600, 800, and 1000, as	1509
amended.	1510

(c) "Device" has the same meaning as in the "Federal Food,	1511
Drug, and Cosmetic Act," 52 Stat. 1040, 1041 (1938), 21 U.S.C.	1512
321(h), as amended.	1513

(D) If a claimant alleges in a product liability claim that a	1514
product other than a drug or device caused harm to the claimant,	1515
the manufacturer or supplier of the product shall not be liable	1516
for punitive or exemplary damages in connection with the claim if	1517
the manufacturer or supplier fully complied with all applicable	1518
government standards relative to the product's manufacture or	1519
construction, the product's design or formulation, adequate	1520
warnings or instructions, and representations when the product	1521
left the control of the manufacturer or supplier.	1522

(E) The bifurcated trial provisions of division (B) of	1523
section 2315.21 of the Revised Code, the ceiling on recoverable	1524
punitive or exemplary damages specified in division (D)(1) of that	1525
section, and the provisions of division (D)(3) of that section	1526
apply to awards of punitive or exemplary damages under this	1527
section.	1528

Sec. 2307.91.  As used in sections 2307.91 to 2307.95 of the	1529
Revised Code:	1530

(A) "AMA guides to the evaluation of permanent impairment"	1531
means the American medical association's guides to the evaluation	1532
of permanent impairment (fifth edition 2000) as may be modified by	1533
the American medical association.	1534

(B) "Asbestos" means chrysotile, amosite, crocidolite,	1535
tremolite asbestos, anthophyllite asbestos, actinolite asbestos,	1536
and any of these minerals that have been chemically treated or	1537
altered.	1538

(C) "Asbestos claim" means any claim for damages, losses,	1539
indemnification, contribution, or other relief arising out of,	1540
based on, or in any way related to asbestos. "Asbestos claim"	1541
includes a claim made by or on behalf of any person who has been	1542
exposed to asbestos, or any representative, spouse, parent, child,	1543
or other relative of that person, for injury, including mental or	1544
emotional injury, death, or loss to person, risk of disease or	1545
other injury, costs of medical monitoring or surveillance, or any	1546
other effects on the person's health that are caused by the	1547
person's exposure to asbestos.	1548

(D) "Asbestosis" means bilateral diffuse interstitial	1549
fibrosis of the lungs caused by inhalation of asbestos fibers.	1550

(E) "Board-certified internist" means a medical doctor who is	1551
currently certified by the American board of internal medicine.	1552

(F) "Board-certified oncologist" means a medical doctor who	1553
is currently certified by the American board of internal medicine	1554
in the subspecialty of medical oncology.	1555

(G) "Board-certified pathologist" means a medical doctor who	1556
is currently certified by the American board of pathology.	1557

(H) "Board-certified pulmonary specialist" means a medical	1558
doctor who is currently certified by the American board of	1559
internal medicine in the subspecialty of pulmonary medicine.	1560

(I) "Certified B-reader" means an individual qualified as a	1561
"final" or "B-reader" as defined in 42 C.F.R. section 37.51(b), as	1562
amended.	1563

(J) "Civil action" means all suits or claims of a civil	1564
nature in state or federal court, whether cognizable as cases at	1565
law or in equity or admiralty. The term "civil action" does not	1566
include an action relating to any workers' compensation law.	1567

(K) "Exposed person" means any person whose exposure to	1568
asbestos or to asbestos-containing products is the basis for an	1569
asbestos claim.	1570

(L) "Exposure years" means the following:

1571

(1) Each single year of exposure prior to 1972 will be	1572
counted as one year.	1573

(2) Each single year of exposure from 1972 through 1979 will	1574
be counted as one-half year.	1575

(3) Exposure after 1979 will not be counted, except that each	1576
year from 1972 forward for which the plaintiff can establish	1577
exposure exceeding the occupational safety and health	1578
administration (OSHA) limit for eight-hour time-weighted average	1579
airborne concentration for a substantial portion of the year will	1580
count as one year.	1581

(M) "FEV1" means forced expiratory volume in the first	1582
second, which is the maximal volume of air expelled in one second	1583
during performance of simple spirometric tests.	1584

(N) "FVC" means forced vital capacity that is maximal volume	1585
of air expired with maximum effort from a position of full	1586
inspiration.	1587

(O) "ILO scale" means the system for the classification of	1588
chest x-rays set forth in the international labour office's	1589
guidelines for the use of ILO international classification of	1590
radiographs of pneumoconioses (1980), as amended.	1591

(P) "Lung cancer" means a malignant tumor in which the	1592
primary site of origin of the cancer is inside the lungs, but that	1593
term does not include an asbestos claim based upon mesothelioma.	1594

(Q) "Mesothelioma" means a malignant tumor with a primary	1595
site of origin in the pleura or the peritoneum, which has been	1596
diagnosed by a board-certified pathologist, using standardized and	1597
accepted criteria of microscopic morphology and appropriate	1598
staining techniques.	1599

(R) "Nonmalignant condition" means a condition that is caused	1600
or may be caused by asbestos other than a diagnosed cancer.	1601

(S) "Nonsmoker" means the exposed person has not smoked	1602
cigarettes or used any other tobacco products within the last	1603
fifteen years.	1604

(T) "Pathological evidence of asbestosis" means a statement	1605
by a board-certified pathologist that more than one representative	1606
section of lung tissue uninvolved with any other disease process	1607
demonstrates a pattern of peribronchiolar or parenchymal scarring	1608
in the presence of characteristic asbestos bodies and that there	1609
is no other more likely explanation for the presence of the	1610
fibrosis.	1611

(U) "Physical impairment" means a nonmalignant condition that	1612
meets the minimum requirements of division (B) of section 2307.92	1613
of the Revised Code, lung cancer that meets the minimum	1614
requirements of division (C) of section 2307.92 of the Revised	1615
Code, or cancer of the colon, rectum, larynx, pharynx, esophagus,	1616
or stomach that meets the minimum requirements of division (D) of	1617
section 2307.92 of the Revised Code.	1618

(V) "Predicted lower limit of normal" means the fifth	1619
percentile of healthy populations based on age, height, and	1620
gender, as referenced in the AMA guides to the evaluation of	1621
permanent impairment.	1622

(W) "Qualified physician" means a medical doctor who is	1623
providing a diagnosis for purposes of constituting prima-facie	1624
evidence of an exposed person's physical impairment that meets the	1625
requirements of section 2307.92 of the Revised Code and who meets	1626
the following requirements:	1627

(1) The medical doctor is a board-certified internist,	1628
pulmonary specialist, oncologist, or pathologist.	1629

(2) The medical doctor is actually treating or has treated	1630
the exposed person and has or had a doctor-patient relationship	1631
with the person.	1632

(3) The medical doctor spends not more than ten per cent of	1633
the medical doctor's professional practice time in providing	1634
consulting or expert services in connection with actual or	1635
potential civil actions, and the medical doctor's medical group,	1636
professional corporation, clinic, or other affiliated group earns	1637
not more than twenty per cent of its revenues from providing those	1638
services.	1639

(4) The medical doctor is currently licensed to practice and	1640
actively practices in the state where the plaintiff's civil action	1641
was filed.	1642

(5) The medical doctor receives or received payment for the	1643
treatment of the exposed person from that person's HMO or other	1644
medical provider.	1645

(X) "Radiological evidence of asbestosis" means a chest x-ray	1646
showing small, irregular opacities (s, t) graded by a certified	1647
B-reader as at least 1/1 on the ILO scale.	1648

(Y) "Radiological evidence of diffuse pleural thickening"	1649
means a chest x-ray showing bilateral pleural thickening graded by	1650
a certified B-reader as at least B2 on the ILO scale and blunting	1651
of at least one costophrenic angle.	1652

(Z) "Smoker" means a person who has smoked cigarettes or	1653
other tobacco products within the last fifteen years.	1654

(AA) "Spirometry" means the measurement of volume of air	1655
inhaled or exhaled by the lung.	1656

(BB) "Substantial contributing factor" means all of the	1657
following:	1658

(1) Exposure to asbestos is the predominate cause of the	1659
physical impairment alleged in the asbestos claim.	1660

(2) The exposure to asbestos took place on a regular basis	1661
over an extended period of time and in close proximity to the	1662
exposed person.	1663

(3) A qualified physician has determined with a reasonable	1664
degree of medical certainty that the physical impairment of the	1665
exposed person would not have occurred but for the asbestos	1666
exposures.	1667

(CC) "Veterans' benefit program" means any program for	1668
benefits in connection with military service administered by the	1669
veterans' administration under title 38 of the United States Code.	1670

(DD) "Workers' compensation law" means Chapters 4121., 4123.,	1671
4127., and 4131. of the Revised Code.	1672

Sec. 2307.92.  (A) Physical impairment of the exposed person,	1673
to which the person's exposure to asbestos is a substantial	1674
contributing factor, shall be an essential element of an asbestos	1675
claim.	1676

(B) No person shall bring or maintain a civil action alleging	1677
an asbestos claim based on a nonmalignant condition in the absence	1678
of a prima-facie showing that the exposed person has a physical	1679
impairment, that the physical impairment is a result of a medical	1680
condition, and that the person's exposure to asbestos is a	1681
substantial contributing factor to the medical condition. That	1682
prima-facie showing shall include all of the following minimum	1683
requirements:	1684

(1) Evidence verifying that a qualified physician has taken a	1685
detailed occupational and exposure history of the exposed person	1686
from the exposed person or, if that person is deceased, from the	1687
person who is most knowledgeable about the exposures that form the	1688
basis of the asbestos claim for a nonmalignant condition,	1689
including all of the following:	1690

(a) All of the exposed person's principal places of	1691
employment and exposures to airborne contaminants;	1692

(b) Whether each place of employment involved exposures to	1693
airborne contaminants, including, but not limited to, asbestos	1694
fibers or other disease causing dusts, that can cause pulmonary	1695
impairment and, if that type of exposure is involved, the nature,	1696
duration, and level of the exposure.	1697

(2) Evidence verifying that a qualified physician has taken a	1698
detailed medical and smoking history of the exposed person,	1699
including a thorough review of the exposed person's past and	1700
present medical problems and the most probable causes of those	1701
medical problems;	1702

(3) A diagnosis by a qualified physician, based on a medical	1703
examination and pulmonary function testing of the exposed person,	1704
that all of the following apply to the exposed person:	1705

(a) The exposed person has a permanent respiratory impairment	1706
rating of at least class 2 as defined by and evaluated pursuant to	1707
the AMA guides to the evaluation of permanent impairment.	1708

(b) The exposed person has asbestosis or diffuse pleural	1709
thickening, based at a minimum on radiological or pathological	1710
evidence of asbestosis or radiological evidence of diffuse pleural	1711
thickening.	1712

(c) The asbestosis or diffuse pleural thickening described in	1713
division (B)(3)(b) of this section, rather than solely chronic	1714
obstructive pulmonary disease, is a substantial contributing	1715
factor to the exposed person's physical impairment, based at a	1716
minimum on a determination that the exposed person has either of	1717
the following:	1718

(i) A forced vital capacity below the predicted lower limit	1719
of normal and a ratio of FEV1 to FVC that is equal to or greater	1720
than the predicted lower limit of normal;	1721

(ii) A chest x-ray showing small, irregular opacities (s, t)	1722
graded by a certified B-reader at least 2/1 on the ILO scale.	1723

(C) No person shall bring or maintain a civil action alleging	1724
an asbestos claim based upon lung cancer in the absence of a	1725
prima-facie showing of all of the following minimum requirements:	1726

(1) A diagnosis by a board-certified pathologist,	1727
board-certified pulmonary specialist, or board-certified	1728
oncologist that the exposed person has primary lung cancer and	1729
that exposure to asbestos is a substantial contributing factor to	1730
that cancer;	1731

(2) Evidence that is sufficient to demonstrate that at least	1732
ten years have elapsed between the date of the exposed person's	1733
first exposure to asbestos and the date of diagnosis of the	1734
exposed person's primary lung cancer;	1735

(3) Either of the following:

1736

(a) In the case of an exposed person who is a nonsmoker,	1737
either of the following requirements:	1738

(i) Radiological or pathological evidence of asbestosis or	1739
radiological evidence of diffuse pleural thickening;	1740

(ii) Evidence of the exposed person's occupational exposure	1741
to asbestos for any of the applicable minimum exposure periods in	1742
the occupations as specified in divisions (D)(3)(b)(i), (ii), and	1743
(iii) of this section.	1744

(b) In the case of an exposed person who is a smoker, both of	1745
the requirements specified in divisions (C)(3)(a)(i) and (ii) of	1746
this section.	1747

(D) No person shall bring or maintain a civil action alleging	1748
an asbestos claim based upon cancer of the colon, rectum, larynx,	1749
pharynx, esophagus, or stomach, in the absence of a prima-facie	1750
showing of all of the following minimum requirements:	1751

(1) A diagnosis by a board-certified pathologist,	1752
board-certified pulmonary specialist, or board-certified	1753
oncologist, whichever is appropriate for the type of cancer	1754
claimed, that the exposed person has primary cancer of the colon,	1755
rectum, larynx, pharynx, esophagus, or stomach and that exposure	1756
to asbestos was a substantial contributing factor to that	1757
particular cancer;	1758

(2) Evidence that is sufficient to demonstrate that at least	1759
ten years have elapsed between the date of the exposed person's	1760
first exposure to asbestos and the date of diagnosis of the	1761
exposed person's particular cancer;	1762

(3) Either of the following requirements:

1763

(a) Radiological or pathological evidence of asbestos or	1764
radiological evidence of diffuse pleural thickening;	1765

(b) Evidence of the exposed person's occupational exposure to	1766
asbestos for any of the following applicable minimum exposure	1767
periods in the specified occupations:	1768

(i) Five exposure years for insulators, shipyard workers,	1769
workers in manufacturing plants handling raw asbestos,	1770
boilermakers, shipfitters, steamfitters, or other trades	1771
performing similar functions;	1772

(ii) Ten exposure years for utility and power house workers,	1773
secondary manufacturing workers, or other trades performing	1774
similar functions;	1775

(iii) Fifteen exposure years for general construction,	1776
maintenance workers, chemical and refinery workers, marine engine	1777
room personnel and other personnel on vessels, stationary	1778
engineers and firemen, railroad engine repair workers, or other	1779
trades performing similar functions.	1780

(E) No prima-facie showing is required in a civil action	1781
alleging an asbestos claim based upon mesothelioma.	1782

(F) Evidence relating to physical impairment under this	1783
section, including pulmonary function testing and diffusing	1784
studies, shall comply with the technical recommendations for	1785
examinations, testing procedures, quality assurance, quality	1786
control, and equipment incorporated in the AMA guides to the	1787
evaluation of permanent impairment and reported as set forth in 20	1788
C.F.R. Pt. 404, Subpt. P, App. 1, Part A, Sec. 3.00 E. and F., and	1789
the interpretive standards set forth in the official statement of	1790
the American thoracic society entitled "lung function testing:	1791
selection of reference values and interpretive strategies" as	1792
published in American review of respiratory disease,	1793
1991:144:1202-1218.	1794

(G) All of the following apply to the presentation of	1795
prima-facie evidence that meets the requirements of division (B),	1796
(C), or (D) of this section:	1797

(1) It does not result in any presumption at trial that the	1798
exposed person has a physical impairment that is caused by an	1799
asbestos-related condition.	1800

(2) It is not conclusive as to the liability of any defendant	1801
in the case.	1802

(3) It is not admissible at trial.

1803

Sec. 2307.93.  The plaintiff in any civil action who alleges	1804
an asbestos claim shall file together with the complaint or other	1805
initial pleading a written report and supporting test results	1806
constituting prima-facie evidence of the exposed person's physical	1807
impairment that meets the minimum requirements of division (B),	1808
(C), or (D) of section 2307.92 of the Revised Code, whichever is	1809
applicable. With respect to any asbestos claim that is pending on	1810
the effective date of this section, the plaintiff shall file the	1811
written report and supporting test results described in this	1812
section sixty days following the effective date of this section or	1813
thirty days prior to trial, whichever is earlier. The defendant in	1814
the case shall be afforded a reasonable opportunity to challenge	1815
the adequacy of the proffered prima-facie evidence of the physical	1816
impairment. The court shall dismiss the plaintiff's claim without	1817
prejudice upon a finding of failure to make the prima-facie	1818
showing required by division (B), (C), or (D) of section 2307.92	1819
of the Revised Code.	1820

Sec. 2307.94.  (A) Notwithstanding any other provision of the	1821
Revised Code, with respect to any asbestos claim based upon a	1822
nonmalignant condition that is not barred as of the effective date	1823
of this section, the period of limitations shall not begin to run	1824
until the exposed person discovers, or through the exercise of	1825
reasonable diligence should have discovered, that the person has a	1826
physical impairment due to a nonmalignant condition.	1827

(B) An asbestos claim that arises out of a nonmalignant	1828
condition shall be a distinct cause of action from an asbestos	1829
claim relating to the same exposed person that arises out of	1830
asbestos-related cancer. No damages shall be awarded for fear or	1831
risk of cancer in any civil action asserting only an asbestos	1832
claim for a nonmalignant condition.	1833

(C) No settlement of an asbestos claim for a nonmalignant	1834
condition that is concluded after the effective date of this	1835
section shall require, as a condition of settlement, the release	1836
of any future claim for asbestos-related cancer.	1837

Sec. 2307.95.  Sections 2307.91 to 2307.95 of the Revised	1838
Code shall not affect the scope or operation of any workers'	1839
compensation law or veterans' benefit program or the exclusive	1840
remedy of subrogation under the provisions of that law or program	1841
and shall not authorize any lawsuit that is barred by any	1842
provision of any workers' compensation law.	1843

Sec. 2307.96. (A) As used in this section and section 2307.97	1844
of the Revised Code:	1845

(1) "Asbestos" has the same meaning as in section 2307.91 of	1846
the Revised Code.	1847

(2) "Asbestos claim" means any claim for damages, losses,	1848
indemnification, contribution, or other relief arising out of,	1849
based on, or in any way related to asbestos. "Asbestos claim"	1850
includes any of the following:	1851

(a) A claim made by or on behalf of any person who has been	1852
exposed to asbestos, or any representative, spouse, parent, child,	1853
or other relative of that person, for injury, including mental or	1854
emotional injury, death, or loss to person, risk of disease or	1855
other injury, costs of medical monitoring or surveillance, or any	1856
other effects on the person's health that are caused by the	1857
person's exposure to asbestos;	1858

(b) A claim for damage or loss to property that is caused by	1859
the installation, presence, or removal of asbestos.	1860

(3)(a) "Successor" means a domestic corporation or a	1861
subsidiary of a domestic corporation that acquired any assets of	1862
or the stock of a foreign business corporation, if all of the	1863
following apply:	1864

(a) The transaction occurred on or before July 29, 1977.

1865

(b) The purchasing domestic corporation paid less than five	1866
million dollars for the acquisition.	1867

(c) The principal place of business of the foreign	1868
corporation was located outside the state of Ohio.	1869

(4)(a) "Successor asbestos-related liabilities," in relation	1870
to an asset purchase or a stock purchase by a successor means any	1871
liabilities, whether known or unknown, asserted or unasserted,	1872
absolute or contingent, accrued or unaccrued, liquidated or	1873
unliquidated, or due or to become due, if the liabilities are	1874
related in any way to asbestos claims and are assumed or incurred	1875
by a successor as a result of or in connection with the asset	1876
purchase or stock purchase, merger, or consolidation, or the	1877
agreement of the asset purchase or stock purchase.	1878

(b) "Successor asbestos-related liabilities" includes any	1879
liabilities described in division (A)(4)(a) of this section that,	1880
after the effective date of the asset purchase or stock purchase,	1881
are paid, otherwise discharged, committed to be paid, or committed	1882
to be otherwise discharged by or on behalf of the successor, or by	1883
or on behalf of a transferor, in connection with any judgment,	1884
settlement, or other discharge of those liabilities in this state	1885
or another jurisdiction.	1886

(5) "Transferor" means a foreign corporation or its	1887
shareholders from which successor asbestos-related liabilities are	1888
assumed or incurred by the successor.	1889

(B)(1) Except as otherwise provided in division (B)(2) of	1890
this section, the cumulative successor asbestos-related	1891
liabilities of a successor shall be limited to the fair market	1892
value of the acquired assets or stock as determined on the	1893
effective date of the asset purchase or stock purchase, merger, or	1894
consolidation.	1895

(2) If a transferor had assumed or incurred successor	1896
asbestos-related liabilities in connection with a prior asset	1897
purchase, stock purchase, merger, or consolidation involving a	1898
prior transferor, the successor asbestos-related liabilities of	1899
the successor described in division (B)(1) of this section shall	1900
be limited to the fair market value of the previously acquired	1901
assets or stock as determined on the effective date of the prior	1902
asset purchase, stock purchase, merger, or consolidation.	1903

(3) The successor described in division (B)(1) or (2) of this	1904
section shall have no responsibility for any successor	1905
asbestos-related liabilities in excess of the limitation of those	1906
liabilities as described in the applicable division.	1907

(C)(1) Except as otherwise provided in division (C)(2) of	1908
this section, the assets of a successor shall be exempt from	1909
restraint, attachment, or execution on any judgment entered in	1910
this state or another jurisdiction related to any claim for	1911
successor asbestos-related liabilities if the cumulative amounts	1912
of those liabilities that, after the effective date of the asset	1913
purchase or stock purchase that is covered by division (B) of this	1914
section, are paid or committed to be paid by or on behalf of the	1915
successor, or by or on behalf of the transferor, in connection	1916
with any judgment, settlement, or other discharge of claims of	1917
asbestos-related liabilities exceed the fair market value of the	1918
assets or stock as determined on the effective date of the asset	1919
purchase or stock purchase, merger, or consolidation.	1920

(2) If a transferor had assumed or incurred successor	1921
asbestos-related liabilities in connection with a prior asset	1922
purchase, stock purchase, merger, or consolidation involving a	1923
prior transferor, the assets of the successor described in	1924
division (C)(1) of this section shall be exempt from restraint,	1925
attachment, or execution on any judgment entered in this state or	1926
another jurisdiction related to any claim for successor	1927
asbestos-related liabilities if the cumulative amounts of those	1928
liabilities that, after the effective date of the prior asset	1929
purchase, stock purchase, merger, or consolidation, are paid or	1930
committed to be paid by or on behalf of the successor, or by or on	1931
behalf of the prior transferor, in connection with any judgment,	1932
settlement, or other discharge of claims of asbestos-related	1933
liabilities, exceed the fair market value of the previously	1934
acquired assets or stock as determined on the effective date of	1935
the prior asset purchase, stock purchase, merger, or	1936
consolidation.	1937

(D)(1) A successor may establish the fair market value of	1938
total assets under division (B) or (C) of this section by means of	1939
any method that is reasonable under the circumstances, including	1940
by reference to the going-concern value of those assets, to the	1941
purchase price attributable to or paid for the assets in an arm's	1942
length transaction, or, in the absence of other readily available	1943
information from which fair market value can be determined, to the	1944
value of those assets recorded on a balance sheet. Total assets	1945
shall include intangible assets. A showing by the successor of a	1946
reasonable determination of the fair market value of total assets	1947
is prima-facie evidence of the fair market value of those assets.	1948

(2) After a successor has established a reasonable	1949
determination of the fair market value of total assets under	1950
division (D)(1) of this section, a claimant that disputes that	1951
determination of the fair market value has the burden of	1952
establishing a different fair market value of those assets.	1953

(3) For the purpose of adjusting the limitations set forth in	1954
division (B) or (C) of this section to account for the passage of	1955
time, the fair market value of total assets on the effective date	1956
of the applicable asset purchase or stock purchase under the	1957
applicable division shall be increased annually, at the rate equal	1958
to the prime rate as listed in the first edition of the Wall	1959
Street Journal published for each calendar year since the asset	1960
purchase or stock purchase plus one per cent, not compounded,	1961
until the earlier of either of the following:	1962

(a) The date of the judgment, settlement, or other discharge	1963
of claims of successor asbestos-related liabilities to which the	1964
limitations in division (B) or (C) of this section are being	1965
applied;	1966

(b) The date on which the adjusted fair market value of total	1967
assets under division (D)(3) of this section is first exceeded by	1968
the cumulative amounts of successor asbestos-related liabilities	1969
that are paid or committed to be paid by or on behalf of the	1970
successor, or by or on behalf of a transferor, after the effective	1971
date of the asset purchase or stock purchase in connection with	1972
any judgment, settlement, or other discharge of the successor	1973
asbestos-related liabilities.	1974

(E)(1) The limitations set forth in divisions (B) and (C) of	1975
this section shall apply to the following:	1976

(a) All asbestos claims, including asbestos claims that are	1977
pending on the effective date of this section, and all litigation	1978
involving asbestos claims, including litigation that is pending on	1979
the effective date of this section;	1980

(b) Successors of a successor to which this section applies.

1981

(2) The limitations set forth in divisions (B) and (C) of	1982
this section do not apply to any of the following:	1983

(a) Workers' compensation benefits that are paid by or on	1984
behalf of an employer to an employee pursuant to any provision of	1985
Chapter 4121., 4123., 4127., or 4131. of the Revised Code or	1986
comparable workers' compensation law of another jurisdiction;	1987

(b) Any claim against a successor that does not constitute a	1988
claim for a successor asbestos-related liability;	1989

(c) An insurance corporation;

1990

(d) Any obligations arising under the "National Labor	1991
Relations Act," 49 Stat. 449, 29 U.S.C. 151 et seq., as amended,	1992
or under any collective bargaining agreement.	1993

Sec. 2307.97.  (A) A holder of shares, an owner of any	1994
beneficial interest in shares, or a subscriber for shares whose	1995
subscription has been accepted, or any affiliate or holding	1996
company of that holder, owner, or subscriber or of the	1997
corporation, shall be under no obligation to, and shall have no	1998
liability to, the corporation or to any person with respect to any	1999
obligation or liability of the corporation relating in any way to	2000
asbestos claims on the basis that the holder, owner, subscriber,	2001
affiliate, or holding company described in division (A) of this	2002
section controlled the corporation or is or was the alter ego of	2003
the corporation, or on the basis of actual fraud or constructive	2004
fraud, a sham to perpetrate a fraud, a fraudulent conveyance,	2005
piercing the corporate veil, or any other similar theory, unless	2006
the person demonstrates that the holder, owner, subscriber,	2007
affiliate, or holding company caused the corporation to be used	2008
for the purpose of perpetrating and did perpetrate an actual fraud	2009
on the person primarily for the direct pecuniary benefit of the	2010
holder, owner, subscriber, affiliate, or holding company, and then	2011
only to the extent of that direct pecuniary benefit.	2012

(B) Any liability of the holder, owner, or subscriber of	2013
shares of a corporation described in division (A) of this section	2014
or any affiliate or holding company of that holder, owner, or	2015
subscriber or of the corporation for an obligation or liability	2016
that is limited by that division is exclusive and preempts any	2017
other obligation or liability imposed upon a holder, owner, or	2018
subscriber of shares of a corporation described in that division	2019
or any affiliate or holding company of that holder, owner, or	2020
subscriber or of the corporation for that obligation or liability	2021
under common law or otherwise.	2022

Sec. 2315.01. (A) When the jury is sworn, unless for special	2023
reasons the court otherwise directs, the trial shall proceed in	2024
the following order except as provided in section 2315.02 of the	2025
Revised Code:	2026

(A)(1) The plaintiff concisely mustshall state the	2027
plaintiff's claim, and briefly may state the plaintiff's evidence	2028
to sustain it.	2029

(B)(2) The defendant must then briefly shall state the	2030
defendant's defense, and briefly may state the defendant's	2031
evidence in support of it.	2032

(C)(3) The party who would be defeated if no evidence were	2033
offered on either side, first, mustshall produce that party's	2034
evidence, and the adverse party mustshall then produce the	2035
adverse party's evidence.	2036

(D)(4) The parties then shall be confined to rebutting	2037
evidence, unless the court for good reasons,and in the	2038
furtherance of justice, permits them to offer evidence in their	2039
original cases.	2040

(E)(5) When the evidence is concluded, either party may	2041
present written instructions to the court on matters of law and	2042
request them to be given to the jury, which instructions shall be	2043
given or refused by the. The court shall give or refuse to give	2044
the written instructions to the jury before the argument to the	2045
jury is commenced.	2046

(F)(6) The parties then may submit or argue the case to the	2047
jury. The party required first to produce that party's evidence	2048
shall have the opening and closing arguments. If several	2049
defendants, havinghave separate defenses,and appear by different	2050
counsel, the court shall arrange their relative order.	2051

(G)(7) The court, after the argument is concluded,and before	2052
proceeding with other business, shall charge the jury. Any charge	2053
shall be reduced to writing by theThe court shall reduce a charge	2054
to writing if either party, before the argument to the jury is	2055
commenced, requests it. Such charge may be examined by theThe	2056
parties may examine that charge before any closing argument is	2057
made by any of the parties. AIf a charge or instruction, when so	2058
is written and given,as prescribed in this division, the court	2059
shall not be orally qualified, modifiedqualify, modify, or in any	2060
manner explainedexplain the charge or instruction to the jury by	2061
the court. All written charges and instructions shall be taken by	2062
the jurors in their retirement, shall be returned with their	2063
verdict into court, and shall remain on file with the papers of	2064
the case.	2065

(B) In all tort actions, the court shall instruct the jury	2066
regarding the extent to which an award of compensatory damages or	2067
punitive or exemplary damages is not subject to taxation under	2068
federal or state income tax laws.	2069

As used in this division, "tort action" means a civil action	2070
for damages for injury, death, or loss to person or property.	2071
"Tort action" includes a product liability claim, as defined in	2072
section 2307.71 of the Revised Code, but does not include a civil	2073
action for damages for breach of contract or another agreement	2074
between persons.	2075

Division (B) of this section shall be considered to be purely	2076
remedial in operation and shall be applied in a remedial manner in	2077
any civil action commenced on or after the effective date of this	2078
amendment, in which division (B) of this section is relevant,	2079
regardless of when the cause of action accrued and notwithstanding	2080
any other section of the Revised Code or prior rule of law of this	2081
state, but shall not be construed to apply to any civil action	2082
pending prior to the effective date of this amendment.	2083

Sec. 2315.21.  (A) As used in this section:

2084

(1) "Tort action" means a civil action for damages for injury	2085
or loss to person or property. "Tort action" includes a product	2086
liability claim for damages for injury or loss to person or	2087
property that is subject to sections 2307.71 to 2307.80 of the	2088
Revised Code, but does not include a civil action for damages for	2089
a breach of contract or another agreement between persons.	2090

(2) "Trier of fact" means the jury or, in a nonjury action,	2091
the court.	2092

(3) "Home" has the same meaning as in section 3721.10 of the	2093
Revised Code.	2094

(4) "Employer" includes, but is not limited to, a parent,	2095
subsidiary, affiliate, division, or department of the employer. If	2096
the employer is an individual, the individual shall be considered	2097
an employer under this section only if the subject of the tort	2098
action is related to the individual's capacity as an employer.	2099

(5) "Small employer" means an employer who employs not more	2100
than five hundred persons on a full-time permanent basis.	2101

(B)(1) In a tort action in which a plaintiff makes a claim	2102
for compensatory damages and a claim for punitive or exemplary	2103
damages, upon the motion of any party, the trial of the tort	2104
action shall be bifurcated as follows:	2105

(a) The initial stage of the trial shall relate only to the	2106
presentation of evidence, and a determination by the trier of	2107
fact, with respect to whether the plaintiff is entitled to recover	2108
compensatory damages for the injury or loss to person or property	2109
from the defendant. During this stage, no party to the tort action	2110
shall present, and the court shall not permit a party to present,	2111
evidence that relates solely to the issue of whether the plaintiff	2112
is entitled to recover punitive or exemplary damages for the	2113
injury or loss to person or property from the defendant.	2114

(b) If the trier of fact determines in the initial stage of	2115
the trial that the plaintiff is entitled to recover compensatory	2116
damages for the injury or loss to person or property from the	2117
defendant, evidence may be presented in the second stage of the	2118
trial, and a determination by the trier of fact shall be made,	2119
with respect to whether the plaintiff additionally is entitled to	2120
recover punitive or exemplary damages for the injury or loss to	2121
person or property from the defendant.	2122

(2) In a tort action that is tried to a jury and in which a	2123
plaintiff makes a claim for both compensatory damages and punitive	2124
or exemplary damages, the court shall instruct the jury to return,	2125
and the jury shall return, a general verdict and, if that verdict	2126
is in favor of the plaintiff, answers to an interrogatory that	2127
specifies the total compensatory damages recoverable by the	2128
plaintiff from each defendant.	2129

(3) In a tort action that is tried to a court and in which a	2130
plaintiff makes a claim for both compensatory damages and punitive	2131
or exemplary damages, the court shall make its determination with	2132
respect to whether the plaintiff is entitled to recover	2133
compensatory damages for the injury or loss to person or property	2134
from the defendant and, if that determination is in favor of the	2135
plaintiff, shall make findings of fact that specify the total	2136
compensatory damages recoverable by the plaintiff from the	2137
defendant.	2138

(C) Subject to division (D)(E) of this section, punitive or	2139
exemplary damages are not recoverable from a defendant in question	2140
in a tort action unless both of the following apply:	2141

(1) The actions or omissions of that defendant demonstrate	2142
malice, aggravated or egregious fraud, oppression, or insult, or	2143
that defendant as principal or master knowingly authorized,	2144
participated in, or ratified actions or omissions of an agent or	2145
servant that so demonstrate.	2146

(2) The trier of fact has returned a verdict or has made a	2147
determination pursuant to division (B)(2) or (3) of this section	2148
of the total compensatory damages recoverable by the plaintiff in	2149
question has adduced proof of actual damages that resulted from	2150
actions or omissions as described in division (B)(1) of this	2151
sectionfrom that defendant.	2152

(C)(D)(1) In a tort action, the trier of fact shall determine	2153
the liability of any defendant for punitive or exemplary damages	2154
and the amount of those damages.	2155

(2) Except as provided in division (D)(6) of this section,	2156
both of the following apply regarding any award of punitive or	2157
exemplary damages in a tort action:	2158

(a) The court shall not enter judgment for punitive or	2159
exemplary damages in excess of the greater of the amount of the	2160
compensatory damages awarded to the plaintiff from that defendant	2161
or one hundred thousand dollars, as determined pursuant to	2162
division (B)(2) or (3) of this section.	2163

(b) If the defendant is a small employer, the court shall not	2164
enter judgment for punitive or exemplary damages in excess of the	2165
lesser of the amount of the compensatory damages awarded to the	2166
plaintiff from the defendant or one hundred thousand dollars, as	2167
determined pursuant to division (B)(2) or (3) of this section.	2168

(3) No award of prejudgment interest under division (C)(1) of	2169
section 1343.03 of the Revised Code shall include any prejudgment	2170
interest on punitive or exemplary damages found by the trier of	2171
fact.	2172

(4) In a tort action, the burden of proof shall be upon a	2173
plaintiff in question, by clear and convincing evidence, to	2174
establish that the plaintiff is entitled to recover punitive or	2175
exemplary damages.	2176

(5)(a) In any tort action, except as provided in division	2177
(D)(5)(b) or (6) of this section, punitive or exemplary damages	2178
shall not be awarded against a defendant if that defendant files	2179
with the court a certified judgment, judgment entries, or other	2180
evidence showing that punitive or exemplary damages have already	2181
been awarded and have been collected, in any state or federal	2182
court, against that defendant based on the same act or course of	2183
conduct that is alleged to have caused the injury or loss to	2184
person or property for which the plaintiff seeks compensatory	2185
damages and that the aggregate of those previous punitive or	2186
exemplary damage awards exceeds the maximum amount of punitive or	2187
exemplary damages that may be awarded under division (D)(2) of	2188
this section against that defendant in the tort action.	2189

(b) Notwithstanding division (D)(5)(a) of this section and	2190
except as provided in division (D)(6) of this section, punitive or	2191
exemplary damages may be awarded against a defendant in either of	2192
the following types of tort actions:	2193

(i) In subsequent tort actions involving the same act or	2194
course of conduct for which punitive or exemplary damages have	2195
already been awarded, if the court determines by clear and	2196
convincing evidence that the plaintiff will offer new and	2197
substantial evidence of previously undiscovered, additional	2198
behavior of a type described in division (C) of this section on	2199
the part of that defendant, other than the injury or loss for	2200
which the plaintiff seeks compensatory damages. In that case, the	2201
court shall make specific findings of fact in the record to	2202
support its conclusion. The court shall reduce the amount of any	2203
punitive or exemplary damages otherwise awardable pursuant to this	2204
section by the sum of the punitive or exemplary damages awards	2205
previously rendered against that defendant in any state or federal	2206
court. The court shall not inform the jury about the court's	2207
determination and action under division (D)(5)(b)(i) of this	2208
section.	2209

(ii) In subsequent tort actions involving the same act or	2210
course of conduct for which punitive or exemplary damages have	2211
already been awarded, if the court determines by clear and	2212
convincing evidence that the total amount of prior punitive or	2213
exemplary damages awards was totally insufficient to punish that	2214
defendant's behavior of a type described in division (C) of this	2215
section and to deter that defendant and others from similar	2216
behavior in the future. In that case, the court shall make	2217
specific findings of fact in the record to support its conclusion.	2218
The court shall reduce the amount of any punitive or exemplary	2219
damages otherwise awardable pursuant to this section by the sum of	2220
the punitive or exemplary damages awards previously rendered	2221
against that defendant in any state or federal court. The court	2222
shall not inform the jury about the court's determination and	2223
action under division (D)(5)(b)(ii) of this section.	2224

(6) Division (D)(2) of this section does not apply to a tort	2225
action for bodily injury against a defendant who has been	2226
convicted of or pleaded guilty to a criminal offense that is a	2227
violation of section 2907.02, 2907.03, 2907.04, or 4511.19 of the	2228
Revised Code if the bodily injury that is the basis of the tort	2229
action was caused by that defendant.	2230

(D)(E) This section does not apply to tort actions against	2231
the state in the court of claims, including, but not limited to,	2232
tort actions against a state university or college that are	2233
subject to division (B)(1) of section 3345.40 of the Revised Code,	2234
to tort actions against political subdivisions of this state that	2235
are commenced under or are subject to Chapter 2744. of the Revised	2236
Code, or to the extent that another section of the Revised Code	2237
expressly provides any of the following:	2238

(1) Punitive or exemplary damages are recoverable from a	2239
defendant in question in a tort action on a basis other than that	2240
the actions or omissions of that defendant demonstrate malice,	2241
aggravated or egregious fraud, oppression, or insult, or on a	2242
basis other than that the defendant in question as principal or	2243
master knowingly authorized, participated in, or ratified actions	2244
or omissions of an agent or servant that so demonstrate.	2245

(2) Punitive or exemplary damages are recoverable from a	2246
defendant in question in a tort action irrespective of whether the	2247
plaintiff in question has adduced proof of actual damages.	2248

(3) The burden of proof upon a plaintiff in question to	2249
recover punitive or exemplary damages from a defendant in question	2250
in a tort action is one other than clear and convincing evidence.	2251

(4) Punitive or exemplary damages are not recoverable from a	2252
defendant in question in a tort action.	2253

(E)(F) When determining the amount of an award of punitive or	2254
exemplary damages against either a home or a residential facility	2255
licensed under section 5123.19 of the Revised Code, the trier of	2256
fact shall consider all of the following:	2257

(1) The ability of the home or residential facility to pay	2258
the award of punitive or exemplary damages based on the home's or	2259
residential facility's assets, income, and net worth;	2260

(2) Whether the amount of punitive or exemplary damages is	2261
sufficient to deter future tortious conduct;	2262

(3) The financial ability of the home or residential	2263
facility, both currently and in the future, to provide	2264
accommodations, personal care services, and skilled nursing care.	2265

Sec. 2315.32. (A) Sections 2315.32 to 2315.36 of the Revised	2266
Code do not apply to tort actions based on a product liability	2267
claimdescribed in section 4113.03 of the Revised Code.	2268

(B) The contributory fault of the plaintiff may be asserted	2269
as an affirmative defense to a negligence claim or to a tort claim	2270
other than a negligence claim, except that the contributory fault	2271
of the plaintiff may not be asserted as an affirmative defense to	2272
an intentional tort claim.	2273

Sec. 2315.33. The contributory fault of a person does not bar	2274
the person as plaintiff from recovering damages that have directly	2275
and proximately resulted from the tortious conduct of one or more	2276
other persons, if the contributory fault of the plaintiff was not	2277
greater than the combined tortious conduct of all other persons	2278
from whom the plaintiff seeks recovery in this action and of all	2279
other persons from whom the plaintiff does not seek recovery in	2280
this action. The court shall diminish any compensatory damages	2281
recoverable by the plaintiff by an amount that is proportionately	2282
equal to the percentage of tortious conduct of the plaintiff as	2283
determined pursuant to section 2315.34 of the Revised Code. This	2284
section does not apply to actions described in section 4113.03 of	2285
the Revised Code.	2286

Sec. 2315.34. If contributory fault is asserted and	2287
established as an affirmative defense to a negligencetort claim,	2288
the court in a nonjury action shall make findings of fact, and the	2289
jury in a jury action shall return a general verdict accompanied	2290
by answers to interrogatories, that shall specify the following:	2291

(A) The total amount of the compensatory damages that would	2292
have been recoverable on that negligencetort claim but for the	2293
tortious conduct of the plaintiff;	2294

(B) The portion of the compensatory damages specified under	2295
division (A) of this section that represents economic loss;	2296

(C) The portion of the compensatory damages specified under	2297
division (A) of this section that represents noneconomic loss;	2298

(D) The percentage of tortious conduct attributable to all	2299
persons as determined pursuant to section 2307.23 of the Revised	2300
Code.	2301

Sec. 2315.36. If contributory fault is asserted as an	2302
affirmative defense to a negligencetort claim, if it is	2303
determined that the plaintiff was contributorily at fault and that	2304
contributory fault was a direct and proximate cause of the injury,	2305
death, or loss to person or property that is the subject of the	2306
tort action, and if the plaintiff is entitled to recover	2307
compensatory damages pursuant to section 2315.33 of the Revised	2308
Code from more than one party, after it makes findings of fact or	2309
after the jury returns its general verdict accompanied by answers	2310
to interrogatories as described in section 2315.34 of the Revised	2311
Code, the court shall enter a judgment that is in favor of the	2312
plaintiff and that imposes liability pursuant to section 2307.22	2313
of the Revised Code.	2314

Sec. 2323.41. (A) In any civiltort action upon a medical,	2315
dental, optometric, or chiropractic claim, the defendant may	2316
introduce evidence of any amount payable as a benefit to the	2317
plaintiff as a result of the damages that result from an injury,	2318
death, or loss to person or property that is the subject of the	2319
claim upon which the action is based, except if the source of	2320
collateral benefits has a mandatory self-effectuating federal	2321
right of subrogation, a contractual right of subrogation, or a	2322
statutory right of subrogation.	2323

(B) If the defendant elects to introduce evidence described	2324
in division (A) of this section, the plaintiff may introduce	2325
evidence of any amount that the plaintiff has paid or contributed	2326
to secure the plaintiff's right to receive the benefits of which	2327
the defendant has introduced evidence.	2328

(C) A source of collateral benefits of which evidence is	2329
introduced pursuant to division (A) of this section shall not	2330
recover any amount against the plaintiff nor shall it be	2331
subrogated to the rights of the plaintiff against a defendant.	2332

(D) As used in this section, "medical:

2333

(1) "Tort action" means a civil action for damages for	2334
injury, death, or loss to person or property. "Tort action"	2335
includes a civil action upon a product liability claim or a civil	2336
action upon a medical claim, dental claim, optometric claim, or	2337
chiropractic claim. "Tort action" does not include a civil action	2338
for damages for a breach of contract or another agreement between	2339
persons.	2340

(2) "Medical claim," "dental claim," "optometric claim," and	2341
"chiropractic claim" have the same meanings as in section 2305.113	2342
of the Revised Code.	2343

(3) "Product liability claim" has the same meaning as in	2344
section 2307.71 of the Revised Code.	2345

Sec. 2323.43. (A) In a civiltort action upon a medical,	2346
dental, optometric, or chiropractic claim to recover damages for	2347
injury, death, or loss to person or property, all of the following	2348
apply:	2349

(1) There shall not be any limitation on the amount of	2350
compensatory damages that representrepresents the economic loss	2351
of the person who is awarded the damages in the civiltort action.	2352

(2) Except as otherwise provided in division (A)(3) of this	2353
section, the amount of compensatory damages that represents	2354
damages for noneconomic loss that is recoverable in a civiltort	2355
action under this section to recover damages for injury, death, or	2356
loss to person or property shall not exceed the greater of two	2357
hundred fifty thousand dollars or an amount that is equal to three	2358
times the plaintiff's economic loss, as determined by the trier of	2359
fact, of the plaintiff in that tort action to a maximum of three	2360
hundred fifty thousand dollars for each plaintiff in that tort	2361
action or a maximum of five hundred thousand dollars for each	2362
occurrence that is the basis of that tort action.	2363

(3) The amount recoverable for noneconomic loss in a civil	2364
tort action under this section may exceed the amount described in	2365
division (A)(2) of this section but shall not exceed five hundred	2366
thousand dollars for each plaintiff in that tort action or one	2367
million dollars for each occurrence that is the basis of that tort	2368
action if the noneconomic losses of the plaintiff in that tort	2369
action are for either of the following:	2370

(a) Permanent and substantial physical deformity, loss of use	2371
of a limb, or loss of a bodily organ system;	2372

(b) Permanent physical functional injury that permanently	2373
prevents the injured person from being able to independently care	2374
for self and perform life sustaining activities.	2375

(B) If a trial is conducted in a civiltort action upon a	2376
medical, dental, optometric, or chiropractic claim to recover	2377
damages for injury, death, or loss to person or property and a	2378
plaintiff prevails with respect toin that claimaction, the court	2379
in a nonjury trial shall make findings of fact, and the jury in a	2380
jury trial shall return a general verdict accompanied by answers	2381
to interrogatories, that shall specify all of the following:	2382

(1) The total compensatory damages recoverable by the	2383
plaintiff;	2384

(2) The portion of the total compensatory damages that	2385
represents damages for economic loss;	2386

(3) The portion of the total compensatory damages that	2387
represents damages for noneconomic loss.	2388

(C)(1) After the trier of fact in a civiltort action upon a	2389
medical, dental, optometric, or chiropractic claim to recover	2390
damages for injury, death, or loss to person or property complies	2391
with division (B) of this section, the court shall enter a	2392
judgment in favor of the plaintiff for compensatory damages for	2393
economic loss in the amount determined pursuant to division (B)(2)	2394
of this section, and, subject to division (D)(1) of this section,	2395
the court shall enter a judgment in favor of the plaintiff for	2396
compensatory damages for noneconomic loss. In no event shall a	2397
judgment for compensatory damages for noneconomic loss exceed the	2398
maximum recoverable amount that represents damages for noneconomic	2399
loss as provided in divisions (A)(2) and (3) of this section.	2400
Division (A) of this section shall be applied in a jury trial only	2401
after the jury has made its factual findings and determination as	2402
to the damages.	2403

(2) Prior to the trial in the civiltort action, any party	2404
may seek summary judgment with respect to the nature of the	2405
alleged injury or loss to person or property, seeking a	2406
determination of the damages as described in division (A)(2) or	2407
(3) of this section.	2408

(D)(1) A court of common pleas has no jurisdiction to enter	2409
judgment on an award of compensatory damages for noneconomic loss	2410
in excess of the limits set forth in this section.	2411

(2) If the trier of fact is a jury, the court shall not	2412
instruct the jury with respect to the limit on compensatory	2413
damages for noneconomic loss described in divisions (A)(2) and (3)	2414
of this section, and neither counsel for any party nor a witness	2415
shall inform the jury or potential jurors of that limit.	2416

(E) Any excess amount of compensatory damages for noneconomic	2417
loss that is greater than the applicable amount specified in	2418
division (A)(2) or (3) of this section shall not be reallocated to	2419
any other tortfeasor beyond the amount of compensatory damages	2420
that that tortfeasor would otherwise be responsible for under the	2421
laws of this state.	2422

(F)(1) If pursuant to a contingency fee agreement between an	2423
attorney and a plaintiff in a civil action upon a medical claim,	2424
dental claim, optometric claim, or chiropractic claim, the amount	2425
of the attorney's fees exceed the applicable amount of the limits	2426
on compensatory damages for noneconomic loss as provided in	2427
division (A)(2) or (3) of this section, the attorney shall make an	2428
application in the probate court of the county in which the civil	2429
action was commenced or in which the settlement was entered. The	2430
application shall contain a statement of facts, including the	2431
amount to be allocated to the settlement of the claim, the amount	2432
of the settlement or judgment that represents the compensatory	2433
damages for economic loss and noneconomic loss, the relevant	2434
provision in the contingency fee agreement, and the dollar amount	2435
of the attorney's fees under the contingency fee agreement. The	2436
application shall include the proposed distribution of the amount	2437
of the judgment or settlement.	2438

(2) The attorney shall give written notice of the hearing and	2439
a copy of the application under division (F)(1) of this section to	2440
all interested persons who have not waived notice of the hearing.	2441
Notwithstanding the waivers and consents of the interested	2442
persons, the probate court shall retain jurisdiction over the	2443
settlement, allocation, and distribution of the claim.	2444

(3) The application under division (F)(1) of this section	2445
shall state the arrangements, if any, that have been made with	2446
respect to the attorney's fees. The attorney's fees shall be	2447
subject to the approval of the probate court.	2448

(G) This section does not apply to any of the following:

2449

(1) CivilTort actions upon a medical, dental, optometric, or	2450
chiropractic claim that are brought against the state in the court	2451
of claims, including, but not limited to, those actions in which a	2452
state university or college is a defendant and to which division	2453
(B)(3) of section 3345.40 of the Revised Code applies;	2454

(2) CivilTort actions upon a medical, dental, optometric, or	2455
chiropractic claim that are brought against political subdivisions	2456
of this state and that are commenced under or are subject to	2457
Chapter 2744. of the Revised Code. Division (C) of section 2744.05	2458
of the Revised Code applies to recoverable damages in those	2459
actions;	2460

(3) Wrongful death actions brought pursuant to Chapter 2125.	2461
of the Revised Code.	2462

(H) As used in this section:

2463

(1) "Economic loss" means any of the following types of	2464
pecuniary harm:	2465

(a) All wages, salaries, or other compensation lost as a	2466
result of an injury, death, or loss to person or property that is	2467
a subject of a civiltort action upon a medical, dental,	2468
optometric, or chiropractic claim;	2469

(b) All expenditures for medical care or treatment,	2470
rehabilitation services, or other care, treatment, services,	2471
products, or accommodations as a result of an injury, death, or	2472
loss to person or property that is a subject of a civiltort	2473
action upon a medical, dental, optometric, or chiropractic claim;	2474

(c) Any other expenditures incurred as a result of an injury,	2475
death, or loss to person or property that is a subject of a civil	2476
tort action upon a medical, dental, optometric, or chiropractic	2477
claim, other than attorney's fees incurred in connection with that	2478
action.	2479

(2) "Medical claim," "dental claim," "optometric claim," and	2480
"chiropractic claim" have the same meanings as in section 2305.113	2481
of the Revised Code.	2482

(3) "Noneconomic loss" means nonpecuniary harm that results	2483
from an injury, death, or loss to person or property that is a	2484
subject of a civiltort action upon a medical, dental, optometric,	2485
or chiropractic claim, including, but not limited to, pain and	2486
suffering, loss of society, consortium, companionship, care,	2487
assistance, attention, protection, advice, guidance, counsel,	2488
instruction, training, or education, disfigurement, mental	2489
anguish, and any other intangible loss.	2490

(4) "Occurrence" means all claims resulting from or arising	2491
out of any one person's bodily injury.	2492

(5) "Tort action" means a civil action for damages for injury	2493
or loss to person or property. "Tort action" includes a civil	2494
action upon a product liability claim, as defined in section	2495
2307.71 of the Revised Code, or a civil action upon a medical	2496
claim, dental claim, optometric claim, or chiropractic claim.	2497
"Tort action" does not include a civil action for damages for a	2498
breach of contract or another agreement between persons.	2499

(6) "Trier of fact" means the jury or, in a nonjury action,	2500
the court.	2501

Sec. 2323.51.  (A) As used in this section:

2502

(1) "Conduct" means any of the following:

2503

(a) The filing of a civil action, the assertion of a claim,	2504
defense, or other position in connection with a civil action, the	2505
filing of a pleading, motion, or other paper in a civil action,	2506
including, but not limited to, a motion or paper filed for	2507
discovery purposes, or the taking of any other action in	2508
connection with a civil action;	2509

(b) The filing by an inmate of a civil action or appeal	2510
against a government entity or employee, the assertion of a claim,	2511
defense or other position in connection with a civil action of	2512
that nature or the assertion of issues of law in an appeal of that	2513
nature, or the taking of any other action in connection with a	2514
civil action or appeal of that nature.	2515

(2) "Frivolous conduct" means either of the following:

2516

(a) Conduct of an inmate or other party to a civil action, of	2517
an inmate who has filed an appeal of the type described in	2518
division (A)(1)(b) of this section, or of the inmate's or other	2519
party's counsel of record that satisfies eitherany of the	2520
following:	2521

(i) It obviously serves merely to harass or maliciously	2522
injure another party to the civil action or appeal or is for	2523
another improper purpose, including, but not limited to, causing	2524
unnecessary delay or a needless increase in the cost of	2525
litigation.	2526

(ii) It is not warranted under existing law and, cannot be	2527
supported by a good faith argument for an extension, modification,	2528
or reversal of existing law, or cannot be supported by a good	2529
faith argument for the establishment of new law.	2530

(iii) The conduct consists of allegations or other factual	2531
contentions that have no evidentiary support or, if specifically	2532
so identified, are not likely to have evidentiary support after a	2533
reasonable opportunity for further investigation or discovery.	2534

(iv) The conduct consists of denials or factual contentions	2535
that are not warranted by the evidence or, if specifically so	2536
identified, are not reasonably based on a lack of information or	2537
belief.	2538

(b) An inmate's commencement of a civil action or appeal	2539
against a government entity or employee when any of the following	2540
applies:	2541

(i) The claim that is the basis of the civil action fails to	2542
state a claim or the issues of law that are the basis of the	2543
appeal fail to state any issues of law.	2544

(ii) It is clear that the inmate cannot prove material facts	2545
in support of the claim that is the basis of the civil action or	2546
in support of the issues of law that are the basis of the appeal.	2547

(iii) The claim that is the basis of the civil action is	2548
substantially similar to a claim in a previous civil action	2549
commenced by the inmate or the issues of law that are the basis of	2550
the appeal are substantially similar to issues of law raised in a	2551
previous appeal commenced by the inmate, in that the claim that is	2552
the basis of the current civil action or the issues of law that	2553
are the basis of the current appeal involve the same parties or	2554
arise from the same operative facts as the claim or issues of law	2555
in the previous civil action or appeal.	2556

(3) "Civil action or appeal against a government entity or	2557
employee," "inmate," "political subdivision," and "employee" have	2558
the same meanings as in section 2969.21 of the Revised Code.	2559

(4) "Reasonable attorney's fees" or "attorney's fees," when	2560
used in relation to a civil action or appeal against a government	2561
entity or employee, includes both of the following, as applicable:	2562

(a) The approximate amount of the compensation, and the	2563
fringe benefits, if any, of the attorney general, an assistant	2564
attorney general, or special counsel appointed by the attorney	2565
general that has been or will be paid by the state in connection	2566
with the legal services that were rendered by the attorney	2567
general, assistant attorney general, or special counsel in the	2568
civil action or appeal against the government entity or employee,	2569
including, but not limited to, a civil action or appeal commenced	2570
pro se by an inmate, and that were necessitated by frivolous	2571
conduct of an inmate represented by counsel of record, the counsel	2572
of record of an inmate, or a pro se inmate.	2573

(b) The approximate amount of the compensation, and the	2574
fringe benefits, if any, of a prosecuting attorney or other chief	2575
legal officer of a political subdivision, or an assistant to a	2576
chief legal officer of those natures, who has been or will be paid	2577
by a political subdivision in connection with the legal services	2578
that were rendered by the chief legal officer or assistant in the	2579
civil action or appeal against the government entity or employee,	2580
including, but not limited to, a civil action or appeal commenced	2581
pro se by an inmate, and that were necessitated by frivolous	2582
conduct of an inmate represented by counsel of record, the counsel	2583
of record of an inmate, or a pro se inmate.	2584

(5) "State" has the same meaning as in section 2743.01 of the	2585
Revised Code.	2586

(6) "State correctional institution" has the same meaning as	2587
in section 2967.01 of the Revised Code.	2588

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	2589
this section and except as otherwise provided in division	2590
(E)(2)(b) of section 101.15 or division (I)(2)(b) of section	2591
121.22 of the Revised Code, at any time prior to the commencement	2592
of the trial in a civil action or within twenty-one days after the	2593
entry of judgment in a civil action or at any time prior to the	2594
hearing in an appeal of the type described in division (A)(1)(b)	2595
of this section that is filed by an inmate or within twenty-one	2596
days after the entry of judgment in an appeal of that nature, the	2597
courtnot more than thirty days after the entry of final judgment	2598
in a civil action or appeal, any party adversely affected by	2599
frivolous conduct may file a motion for an award of court costs,	2600
reasonable attorney's fees, and other reasonable expenses incurred	2601
in connection with the civil action or appeal to any party to the	2602
civil action or appeal who was adversely affected by frivolous	2603
conduct. The court may assess and make an award may be assessedto	2604
any party to the civil action or appeal who was adversely affected	2605
by frivolous conduct, as provided in division (B)(4) of this	2606
section.	2607

(2) An award may be made pursuant to division (B)(1) of this	2608
section upon the motion of a party to a civil action or an appeal	2609
of the type described in that division or on the court's own	2610
initiative, but only after the court does all of the following:	2611

(a) Sets a date for a hearing to be conducted in accordance	2612
with division (B)(2)(c) of this section, to determine whether	2613
particular conduct was frivolous, to determine, if the conduct was	2614
frivolous, whether any party was adversely affected by it, and to	2615
determine, if an award is to be made, the amount of that award;	2616

(b) Gives notice of the date of the hearing described in	2617
division (B)(2)(a) of this section to each party or counsel of	2618
record who allegedly engaged in frivolous conduct and to each	2619
party who allegedly was adversely affected by frivolous conduct;	2620

(c) Conducts the hearing described in division (B)(2)(a) of	2621
this section in accordance with this division, allows the parties	2622
and counsel of record involved to present any relevant evidence at	2623
the hearing, including evidence of the type described in division	2624
(B)(5) of this section, determines that the conduct involved was	2625
frivolous and that a party was adversely affected by it, and then	2626
determines the amount of the award to be made. If any party or	2627
counsel of record who allegedly engaged in or allegedly was	2628
adversely affected by frivolous conduct is confined in a state	2629
correctional institution or in a county, multicounty, municipal,	2630
municipal-county, or multicounty-municipal jail or workhouse, the	2631
court, if practicable, may hold the hearing by telephone or, in	2632
the alternative, at the institution, jail, or workhouse in which	2633
the party or counsel is confined.	2634

(3) The amount of an award made pursuant to division (B)(1)	2635
of this section that represents reasonable attorney's fees shall	2636
not exceed, and may be equal to or less than, whichever of the	2637
following is applicable:	2638

(a) If the party is being represented on a contingent fee	2639
basis, an amount that corresponds to reasonable fees that would	2640
have been charged for legal services had the party been	2641
represented on an hourly fee basis or another basis other than a	2642
contingent fee basis;	2643

(b) In all situations other than that described in division	2644
(B)(3)(a) of this section, the attorney's fees that were	2645
reasonably incurred by a party.	2646

(4) An award made pursuant to division (B)(1) of this section	2647
may be made against a party, the party's counsel of record, or	2648
both.	2649

(5)(a) In connection with the hearing described in division	2650
(B)(2)(a) of this section, each party who may be awarded	2651
reasonable attorney's fees and the party's counsel of record may	2652
submit to the court or be ordered by the court to submit to it,	2653
for consideration in determining the amount of the reasonable	2654
attorney's fees, an itemized list or other evidence of the legal	2655
services rendered, the time expended in rendering the services,	2656
and whichever of the following is applicable:	2657

(i) If the party is being represented by that counsel on a	2658
contingent fee basis, the reasonable attorney's fees that would	2659
have been associated with those services had the party been	2660
represented by that counsel on an hourly fee basis or another	2661
basis other than a contingent fee basis;	2662

(ii) In all situations other than those described in division	2663
(B)(5)(a)(i) of this section, the attorney's fees associated with	2664
those services.	2665

(b) In connection with the hearing described in division	2666
(B)(2)(a) of this section, each party who may be awarded court	2667
costs and other reasonable expenses incurred in connection with	2668
the civil action or appeal may submit to the court or be ordered	2669
by the court to submit to it, for consideration in determining the	2670
amount of the costs and expenses, an itemized list or other	2671
evidence of the costs and expenses that were incurred in	2672
connection with that action or appeal and that were necessitated	2673
by the frivolous conduct, including, but not limited to, expert	2674
witness fees and expenses associated with discovery.	2675

(C) An award of reasonable attorney's fees under this section	2676
does not affect or determine the amount of or the manner of	2677
computation of attorney's fees as between an attorney and the	2678
attorney's client.	2679

(D) This section does not affect or limit the application of	2680
any provision of the Rules of Civil Procedure, the Rules of	2681
Appellate Procedure, or another court rule or section of the	2682
Revised Code to the extent that the provision prohibits an award	2683
of court costs, attorney's fees, or other expenses incurred in	2684
connection with a particular civil action or appeal or authorizes	2685
an award of court costs, attorney's fees, or other expenses	2686
incurred in connection with a particular civil action or appeal in	2687
a specified manner, generally, or subject to limitations.	2688

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	2689
grant the application of any minor under eighteen years of age for	2690
a probationary license, a restricted license, or a temporary	2691
instruction permit, unless the application is signed by one of the	2692
minor's parents, the minor's guardian, another person having	2693
custody of the applicant, or, if there is no parent or guardian, a	2694
responsible person who is willing to assume the obligation imposed	2695
under this section.	2696

At the time a minor under eighteen years of age submits an	2697
application for a license or permit at a driver's license	2698
examining station, the adult who signs the application shall	2699
present identification establishing that the adult is the	2700
individual whose signature appears on the application. The	2701
registrar shall prescribe, by rule, the types of identification	2702
that are suitable for the purposes of this paragraph. If the adult	2703
who signs the application does not provide identification as	2704
required by this paragraph, the application shall not be accepted.	2705

When a minor under eighteen years of age applies for a	2706
probationary license, a restricted license, or a temporary	2707
instruction permit, the registrar shall give the adult who signs	2708
the application notice of the potential liability that may be	2709
imputed to the adult pursuant to division (B) of this section and	2710
notice of how the adult may prevent any liability from being	2711
imputed to the adult pursuant to that division.	2712

(B) Any negligence, or willful or wanton misconduct, that is	2713
committed by a minor under eighteen years of age when driving a	2714
motor vehicle upon a highway shall be imputed to the person who	2715
has signed the application of the minor for a probationary	2716
license, restricted license, or temporary instruction permit,	2717
which person shall be jointly and severally liable with the minor	2718
for any damages caused by the negligence or the willful or wanton	2719
misconduct. This joint and several liability is not subject to	2720
section 2307.22,or 2315.36, or 2315.46 of the Revised Code with	2721
respect to a negligencetort claim that otherwise is subject to	2722
that section.	2723

There shall be no imputed liability imposed under this	2724
division if a minor under eighteen years of age has proof of	2725
financial responsibility with respect to the operation of a motor	2726
vehicle owned by the minor or, if the minor is not the owner of a	2727
motor vehicle, with respect to the minor's operation of any motor	2728
vehicle, in the form and in the amounts required under Chapter	2729
4509. of the Revised Code.	2730

(C) Any person who has signed the application of a minor	2731
under eighteen years of age for a license or permit subsequently	2732
may surrender to the registrar the license or temporary	2733
instruction permit of the minor and request that the license or	2734
permit be canceled. The registrar then shall cancel the license or	2735
temporary instruction permit, and the person who signed the	2736
application of the minor shall be relieved from the liability	2737
imposed by division (B) of this section.	2738

(D) Any minor under eighteen years of age whose probationary	2739
license, restricted license, or temporary instruction permit is	2740
surrendered to the registrar by the person who signed the	2741
application for the license or permit and whose license or	2742
temporary instruction permit subsequently is canceled by the	2743
registrar may obtain a new license or temporary instruction permit	2744
without having to undergo the examinations otherwise required by	2745
sections 4507.11 and 4507.12 of the Revised Code and without	2746
having to tender the fee for that license or temporary instruction	2747
permit, if the minor is able to produce another parent, guardian,	2748
other person having custody of the minor, or other adult, and that	2749
adult is willing to assume the liability imposed under division	2750
(B) of this section. That adult shall comply with the procedures	2751
contained in division (A) of this section.	2752

Sec. 4513.263.  (A) As used in this section and in section	2753
4513.99 of the Revised Code:	2754

(1) "Automobile" means any commercial tractor, passenger car,	2755
commercial car, or truck that is required to be factory-equipped	2756
with an occupant restraining device for the operator or any	2757
passenger by regulations adopted by the United States secretary of	2758
transportation pursuant to the "National Traffic and Motor Vehicle	2759
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2760

(2) "Occupant restraining device" means a seat safety belt,	2761
shoulder belt, harness, or other safety device for restraining a	2762
person who is an operator of or passenger in an automobile and	2763
that satisfies the minimum federal vehicle safety standards	2764
established by the United States department of transportation.	2765

(3) "Passenger" means any person in an automobile, other than	2766
its operator, who is occupying a seating position for which an	2767
occupant restraining device is provided.	2768

(4) "Commercial tractor," "passenger car," and "commercial	2769
car" have the same meanings as in section 4501.01 of the Revised	2770
Code.	2771

(5) "Vehicle" and "motor vehicle," as used in the definitions	2772
of the terms set forth in division (A)(4) of this section, have	2773
the same meanings as in section 4511.01 of the Revised Code.	2774

(6) "Tort action" means a civil action for damages for	2775
injury, death, or loss to person or property. "Tort action"	2776
includes a product liability claim, as defined in section 2307.71	2777
of the Revised Code, but does not include a civil action for	2778
damages for a breach of contract or another agreement between	2779
persons.	2780

(B) No person shall do any of the following:

2781

(1) Operate an automobile on any street or highway unless	2782
that person is wearing all of the available elements of a properly	2783
adjusted occupant restraining device, or operate a school bus that	2784
has an occupant restraining device installed for use in its	2785
operator's seat unless that person is wearing all of the available	2786
elements of the device, as properly adjusted;	2787

(2) Operate an automobile on any street or highway unless	2788
each passenger in the automobile who is subject to the requirement	2789
set forth in division (B)(3) of this section is wearing all of the	2790
available elements of a properly adjusted occupant restraining	2791
device;	2792

(3) Occupy, as a passenger, a seating position on the front	2793
seat of an automobile being operated on any street or highway	2794
unless that person is wearing all of the available elements of a	2795
properly adjusted occupant restraining device;	2796

(4) Operate a taxicab on any street or highway unless all	2797
factory-equipped occupant restraining devices in the taxicab are	2798
maintained in usable form.	2799

(C) Division (B)(3) of this section does not apply to a	2800
person who is required by section 4511.81 of the Revised Code to	2801
be secured in a child restraint device. Division (B)(1) of this	2802
section does not apply to a person who is an employee of the	2803
United States postal service or of a newspaper home delivery	2804
service, during any period in which the person is engaged in the	2805
operation of an automobile to deliver mail or newspapers to	2806
addressees. Divisions (B)(1) and (3) of this section do not apply	2807
to a person who has an affidavit signed by a physician licensed to	2808
practice in this state under Chapter 4731. of the Revised Code or	2809
a chiropractor licensed to practice in this state under Chapter	2810
4734. of the Revised Code that states that the person has a	2811
physical impairment that makes use of an occupant restraining	2812
device impossible or impractical.	2813

(D) Notwithstanding any provision of law to the contrary, no	2814
law enforcement officer shall cause an operator of an automobile	2815
being operated on any street or highway to stop the automobile for	2816
the sole purpose of determining whether a violation of division	2817
(B) of this section has been or is being committed or for the sole	2818
purpose of issuing a ticket, citation, or summons for a violation	2819
of that nature or causing the arrest of or commencing a	2820
prosecution of a person for a violation of that nature, and no law	2821
enforcement officer shall view the interior or visually inspect	2822
any automobile being operated on any street or highway for the	2823
sole purpose of determining whether a violation of that nature has	2824
been or is being committed.	2825

(E) All fines collected for violations of division (B) of	2826
this section, or for violations of any ordinance or resolution of	2827
a political subdivision that is substantively comparable to that	2828
division, shall be forwarded to the treasurer of state for deposit	2829
as follows:	2830

(1) Eight per cent shall be deposited into the seat belt	2831
education fund, which is hereby created in the state treasury, and	2832
shall be used by the department of public safety to establish a	2833
seat belt education program.	2834

(2) Eight per cent shall be deposited into the elementary	2835
school program fund, which is hereby created in the state	2836
treasury, and shall be used by the department of public safety to	2837
establish and administer elementary school programs that encourage	2838
seat safety belt use.	2839

(3) Two per cent shall be deposited into the Ohio ambulance	2840
licensing trust fund created by section 4766.05 of the Revised	2841
Code.	2842

(4) Twenty-eight per cent shall be deposited into the trauma	2843
and emergency medical services fund, which is hereby created in	2844
the state treasury, and shall be used by the department of public	2845
safety for the administration of the division of emergency medical	2846
services and the state board of emergency medical services.	2847

(5) Fifty-four per cent shall be deposited into the trauma	2848
and emergency medical services grants fund, which is hereby	2849
created in the state treasury, and shall be used by the state	2850
board of emergency medical services to make grants, in accordance	2851
with section 4765.07 of the Revised Code and the rules that the	2852
board adopts under section 4765.11 of the Revised Code.	2853

(F)(1) Subject to division (F)(2) of this section, theThe	2854
failure of a person to wear all of the available elements of a	2855
properly adjusted occupant restraining device in violation of	2856
division (B)(1) or (3) of this section or the failure of a person	2857
to ensure that each minor who is a passenger of an automobile	2858
being operated by thethat person is wearing all of the available	2859
elements of such a properly adjusted occupant restraining device,	2860
in violation of division (B)(2) of this section, shall not be	2861
considered or usedby the trier of fact in a tort action as	2862
evidence of negligence or contributory negligence, shall notfault	2863
or other tortious conduct or considered for any other relevant	2864
purpose if the failure contributed to the harm alleged in the tort	2865
action and may diminish pursuant to sections 2315.32 to 2315.36 of	2866
the Revised Code a recovery forof compensatory damages in any	2867
civila tort action involving the person arising from the	2868
ownership, maintenance, or operation of an automobile; shall not	2869
be used as a basis for a criminal prosecution of the person other	2870
than a prosecution for a violation of this section; and shall not	2871
be admissible as evidence in any civil ora criminal action	2872
involving the person other than a prosecution for a violation of	2873
this section.	2874

(2) If, at the time of an accident involving a passenger car	2875
equipped with occupant restraining devices, any occupant of the	2876
passenger car who sustained injury or death was not wearing an	2877
available occupant restraining device, was not wearing all of the	2878
available elements of such a device, or was not wearing such a	2879
device as properly adjusted, then, consistent with the Rules of	2880
Evidence, the fact that the occupant was not wearing the available	2881
occupant restraining device, was not wearing all of the available	2882
elements of such a device, or was not wearing such a device as	2883
properly adjusted is admissible in evidence in relation to any	2884
claim for relief in a tort action to the extent that the claim for	2885
relief satisfies all of the following:	2886

(a) It seeks to recover damages for injury or death to the	2887
occupant.	2888

(b) The defendant in question is the manufacturer, designer,	2889
distributor, or seller of the passenger car.	2890

(c) The claim for relief against the defendant in question is	2891
that the injury or death sustained by the occupant was enhanced or	2892
aggravated by some design defect in the passenger car or that the	2893
passenger car was not crashworthy.	2894

(3) As used in division (F)(2) of this section, "tort action"	2895
means a civil action for damages for injury, death, or loss to	2896
person or property. "Tort action" includes a product liability	2897
claim that is subject to sections 2307.71 to 2307.80 of the	2898
Revised Code, but does not include a civil action for damages for	2899
a breach of a contract or another agreement between persons.	2900

Sec. 4705.15.  (A) As used in this section:

2901

(1) "Contingent fee agreement" means an agreement for the	2902
provision of legal services by an attorney under which the	2903
compensation of the attorney is contingent, in whole or in part,	2904
upon a judgment being rendered in favor of or a settlement being	2905
obtained for the client and is either a fixed amount or an amount	2906
to be determined by a specified formula, including, but not	2907
limited to, a percentage of any judgment rendered in favor of or	2908
settlement obtained for the client.	2909

(2) "Tort action" means a civil action for damages for	2910
injury, death, or loss to person or property. "Tort action"	2911
includes a product liability claim that is subject to sections, as	2912
defined in section 2307.71 to 2307.80 of the Revised Code, but	2913
does not include a civil action for damages for a breach of	2914
contract or another agreement between persons or a civil action	2915
based upon a medical claim, dental claim, optometric claim, or	2916
chiropractic claim.	2917

(3) "Medical claim," "dental claim," "optometric claim," and	2918
"chiropractic claim" have the same meanings as in section 2305.113	2919
of the Revised Code.	2920

(4) "Recovered" means the net sum recovered on a claim after	2921
deducting any disbursements, costs, and expenses incurred in	2922
connection with the prosecution or settlement of the claim. Costs	2923
of medical care incurred by the plaintiff and the attorney's	2924
office overhead costs or charges are not deductible disbursements	2925
or costs for the purposes of this division.	2926

(B) If an attorney and a client contract for the provision of	2927
legal services in connection with a claim that is or may become	2928
the basis of a tort action or in connection with a medical claim,	2929
dental claim, optometric claim, or chiropractic claim and if the	2930
contract includes a contingent fee agreement, that agreement shall	2931
be reduced to writing and signed by the attorney and the client.	2932
The attorney shall provide a copy of the signed writing to the	2933
client.	2934

(C)(1) If an attorney and a client contract for the provision	2935
of legal services in connection with a claim that may become the	2936
basis of a tort action and if the contract includes a contingent	2937
fee agreement, that agreement shall not provide for the payment of	2938
a fee that exceeds, and the attorney shall not collect a	2939
contingency fee for representing the client in excess of, the	2940
following limits:	2941

(a) Thirty-five per cent of the first one hundred thousand	2942
dollars recovered on the claim;	2943

(b) Twenty-five per cent of the next five hundred thousand	2944
dollars recovered on the claim;	2945

(c) Fifteen per cent of any amount on which the recovery on	2946
the claim exceeds six hundred thousand dollars.	2947

(2) The limits in division (C)(1) of this section shall apply	2948
regardless of whether the recovery is by settlement, arbitration,	2949
or judgment or whether the person for whom the recovery is made is	2950
a responsible adult, an infant, or a person of unsound mind.	2951

(D) If an attorney represents a client in connection with a	2952
any claim as described in division (B) of this section, if their	2953
contract for the provision of legal services includes a contingent	2954
fee agreement, and if the attorney becomes entitled to	2955
compensation under that agreement, the attorney shall prepare a	2956
signed closing statement and shall provide the client with that	2957
statement at thewithin a reasonable time of or prior to the	2958
receipt of compensation under that agreement, but not later than	2959
thirty days, after the claim is finally adjudicated or settled.	2960
The closing statement shall specify theall of the following:	2961

(1) The manner in which the compensation of the attorney was	2962
determined under that agreement, any;	2963

(2) The actual number of hours of the attorney's legal	2964
services that were spent in connection with the claim;	2965

(3) The total amount of the hourly fees or contingent fee for	2966
the attorney's legal services in connection with the claim;	2967

(4) The actual fee per hour of the attorney's legal services	2968
in connection with the claim, determined by dividing the total	2969
amount of the hourly fees specified in division (D)(3) of this	2970
section, less itemized costs and expenses, or the total contingent	2971
fee specified in that division by the actual number of hours of	2972
the attorney's legal services specified in division (D)(2) of this	2973
section;	2974

(5) Any costs and expenses deducted by the attorney from the	2975
judgment or settlement involved, any;	2976

(6) Any proposed division of the attorney's fees, costs, and	2977
expenses with referring or associated counsel, and any;	2978

(7) Any other information that the attorney considers	2979
appropriate.	2980

Sec. 4705.16.  (A) Each attorney who is licensed to practice	2981
law in this state shall append to every written retainer agreement	2982
or contract for legal services a legal consumer's bill of rights	2983
that shall be substantially in the following form:	2984

"LEGAL CONSUMER'S BILL OF RIGHTS

2985

(A) You have the right to control your own legal affairs.

2986

(1) Your attorney, at your request, must do all of the	2987
following:	2988

(a) Keep you informed about the status of your legal matter;

2989

(b) Promptly answer your questions;

2990

(c) Promptly return your phone calls;

2991

(d) Disclose any alternatives available to you for resolving	2992
your legal matter;	2993

(e) Inform you of all relevant and legal considerations to	2994
assist you in making a decision and advise you of the possible	2995
effect of each legal alternative, including any harsh consequences	2996
that might result.	2997

(2) You have the right and duty to make decisions in your	2998
matter, including whether, and on what terms, to settle a dispute	2999
or lawsuit.	3000

(B) You have the right to be fully informed about the costs	3001
and fees associated with your legal matter and you have the rights	3002
specified in paragraph (D), below, if you have a contingent fee	3003
agreement with your attorney.	3004

(1) Your attorney must disclose all of the following to you:

3005

(a) All alternative fee arrangements and the reasons for the	3006
particular fee arrangement proposed by the attorney;	3007

(b) Total anticipated fees and expenses through trial;

3008

(c) Total anticipated costs;

3009

(d) The basis of the fee charges to be made.

3010

(2) Your attorney must do all of the following:

3011

(a) Sign a written agreement that spells out the terms of	3012
every representation of you, including the fee arrangements;	3013

(b) Agree not to exceed estimated costs and fees without your	3014
consent;	3015

(c) Agree to return any unexpended portion of your retainer	3016
or other advanced payments;	3017

(d) Make full use of economical and efficient legal support	3018
services under your attorney's supervision, including, but not	3019
limited to, paralegals, law clerks, and legal secretaries, as well	3020
as your own personal services to reduce the costs to you;	3021

(e) Agree to charge a reasonable fee based on the factors	3022
specified in Disciplinary Rule 2-106(B) of the Code of	3023
Professional Responsibility.	3024

(C) You have the right to retain qualified and competent	3025
legal representation.	3026

(1) Your attorney must do all of the following:

3027

(a) Provide timely, thorough, competent and professional	3028
legal services;	3029

(b) Advise you to solicit or arrange for the services of	3030
co-counsel if your attorney is not qualified to represent you in	3031
the areas of the law relevant to your matter;	3032

(c) Respect your right to privacy and your confidential	3033
information that is protected by the attorney-client privilege and	3034
not reveal your confidences and secrets except under any of the	3035
circumstances specified in Disciplinary Rule 4-101(C) of the Code	3036
of Professional Conduct;	3037

(d) Not neglect your legal matter;

3038

(e) Ensure that your attorney does not have a conflict of	3039
interest in representing you;	3040

(f) Maintain accurate records;

3041

(g) Upon your request, provide you with copies of all court	3042
documents and letters that your attorney produces or receives	3043
while representing you.	3044

(2) You have the right to an accessible legal system.

3045

If you are not satisfied with the legal services that you	3046
have retained, or with how your matter is being handled, you have	3047
the right to file a grievance with the Certified Grievance	3048
Committee of your local bar association or the Ohio State Bar	3049
Association or with the Board of Commissioners on Grievances and	3050
Discipline of the Supreme Court of Ohio. The Committee and the	3051
Board include non-attorneys as members. The Board of Commissioners	3052
on Grievances and Discipline of the Supreme Court of Ohio has the	3053
authority to discipline, and to impose sanctions on, attorneys in	3054
Ohio.	3055

(D) You have the following rights if you have a contingent	3056
fee agreement, as defined in section 4705.15 of the Revised Code,	3057
with your attorney for the provision of legal services in	3058
connection with a claim that is or may become the basis of a tort	3059
action, as defined in that section:	3060

(1) The agreement must be in writing and signed by you and	3061
your attorney.	3062

(2) Your attorney must provide a copy of the signed agreement	3063
to you.	3064

(3) If your attorney becomes entitled to compensation under	3065
the contingent fee agreement, your attorney must prepare a signed	3066
closing statement and provide you with that statement within a	3067
reasonable time, but not later than thirty (30) days, after the	3068
claim is finally adjudicated and settled.	3069

(4) Your attorney's closing statement must specify all of the	3070
following:	3071

(a) The manner in which your attorney's compensation was	3072
determined under the agreement;	3073

(b) The actual number of hours of your attorney's legal	3074
services that were spent in connection with the claim;	3075

(c) The total amount of the hourly fees or contingent fee for	3076
your attorney's legal services in connection with the claim;	3077

(d) The actual fee per hour of your attorney's legal services	3078
in connection with the claim, determined by dividing the total	3079
amount of the hourly fees specified in paragraph (4)(c), above,	3080
less itemized costs and expenses, or the total contingent fee	3081
specified in that paragraph by the actual number of hours of your	3082
attorney's legal services specified in paragraph (4)(b), above;	3083

(e) Any costs and expenses deducted by your attorney from the	3084
judgment or settlement involved;	3085

(f) Any proposed division of your attorney's fees, costs, and	3086
expenses with referring or associated counsel;	3087

(g) Any other information that your attorney considers	3088
appropriate."	3089

(B) Your attorney must deposit in an interest-bearing trust	3090
account identified as IOLTA or an interest on lawyer's trust	3091
account any client funds held by the attorney that are nominal in	3092
amount or are to be held for a short period of time in accordance	3093
with sections 4705.09 and 4705.10 of the Revised Code and any	3094
applicable provisions of the Code of Professional Conduct.	3095

(C) This section shall be called and may be cited as the	3096
"Legal Consumer's Bill of Rights."	3097

Section 2. That existing sections 1533.18, 1701.76, 1701.82,	3098
1775.14, 2117.06, 2125.01, 2125.02, 2125.04, 2305.01, 2305.03,	3099
2305.10, 2305.25, 2307.011, 2307.23, 2307.29, 2307.60, 2307.71,	3100
2307.75, 2307.80, 2315.01, 2315.21, 2315.32, 2315.33, 2315.34,	3101
2315.36, 2323.41, 2323.43, 2323.51, 4507.07, 4513.263, and 4705.15	3102
and sections        Sec. 2315.41. ,        Sec. 2315.42. ,        Sec. 2315.43. ,        Sec. 2315.44. ,        Sec. 2315.45. , and	3103
Sec. 2315.46.  of the Revised Code are hereby repealed.	3104

Section 3. That the version of section 4513.263 of the	3105
Revised Code that is scheduled to take effect January 1, 2004, be	3106
amended to read as follows:	3107

Sec. 4513.263.  (A) As used in this section and in section	3108
4513.99 of the Revised Code:	3109

(1) "Automobile" means any commercial tractor, passenger car,	3110
commercial car, or truck that is required to be factory-equipped	3111
with an occupant restraining device for the operator or any	3112
passenger by regulations adopted by the United States secretary of	3113
transportation pursuant to the "National Traffic and Motor Vehicle	3114
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	3115

(2) "Occupant restraining device" means a seat safety belt,	3116
shoulder belt, harness, or other safety device for restraining a	3117
person who is an operator of or passenger in an automobile and	3118
that satisfies the minimum federal vehicle safety standards	3119
established by the United States department of transportation.	3120

(3) "Passenger" means any person in an automobile, other than	3121
its operator, who is occupying a seating position for which an	3122
occupant restraining device is provided.	3123

(4) "Commercial tractor," "passenger car," and "commercial	3124
car" have the same meanings as in section 4501.01 of the Revised	3125
Code.	3126

(5) "Vehicle" and "motor vehicle," as used in the definitions	3127
of the terms set forth in division (A)(4) of this section, have	3128
the same meanings as in section 4511.01 of the Revised Code.	3129

(6) "Tort action" means a civil action for damages for	3130
injury, death, or loss to person or property. "Tort action"	3131
includes a product liability claim, as defined in section 2307.71	3132
of the Revised Code, but does not include a civil action for	3133
damages for a breach of contract or another agreement between	3134
persons.	3135

(B) No person shall do any of the following:

3136

(1) Operate an automobile on any street or highway unless	3137
that person is wearing all of the available elements of a properly	3138
adjusted occupant restraining device, or operate a school bus that	3139
has an occupant restraining device installed for use in its	3140
operator's seat unless that person is wearing all of the available	3141
elements of the device, as properly adjusted;	3142

(2) Operate an automobile on any street or highway unless	3143
each passenger in the automobile who is subject to the requirement	3144
set forth in division (B)(3) of this section is wearing all of the	3145
available elements of a properly adjusted occupant restraining	3146
device;	3147

(3) Occupy, as a passenger, a seating position on the front	3148
seat of an automobile being operated on any street or highway	3149
unless that person is wearing all of the available elements of a	3150
properly adjusted occupant restraining device;	3151

(4) Operate a taxicab on any street or highway unless all	3152
factory-equipped occupant restraining devices in the taxicab are	3153
maintained in usable form.	3154

(C) Division (B)(3) of this section does not apply to a	3155
person who is required by section 4511.81 of the Revised Code to	3156
be secured in a child restraint device. Division (B)(1) of this	3157
section does not apply to a person who is an employee of the	3158
United States postal service or of a newspaper home delivery	3159
service, during any period in which the person is engaged in the	3160
operation of an automobile to deliver mail or newspapers to	3161
addressees. Divisions (B)(1) and (3) of this section do not apply	3162
to a person who has an affidavit signed by a physician licensed to	3163
practice in this state under Chapter 4731. of the Revised Code or	3164
a chiropractor licensed to practice in this state under Chapter	3165
4734. of the Revised Code that states that the person has a	3166
physical impairment that makes use of an occupant restraining	3167
device impossible or impractical.	3168

(D) Notwithstanding any provision of law to the contrary, no	3169
law enforcement officer shall cause an operator of an automobile	3170
being operated on any street or highway to stop the automobile for	3171
the sole purpose of determining whether a violation of division	3172
(B) of this section has been or is being committed or for the sole	3173
purpose of issuing a ticket, citation, or summons for a violation	3174
of that nature or causing the arrest of or commencing a	3175
prosecution of a person for a violation of that nature, and no law	3176
enforcement officer shall view the interior or visually inspect	3177
any automobile being operated on any street or highway for the	3178
sole purpose of determining whether a violation of that nature has	3179
been or is being committed.	3180

(E) All fines collected for violations of division (B) of	3181
this section, or for violations of any ordinance or resolution of	3182
a political subdivision that is substantively comparable to that	3183
division, shall be forwarded to the treasurer of state for deposit	3184
as follows:	3185

(1) Eight per cent shall be deposited into the seat belt	3186
education fund, which is hereby created in the state treasury, and	3187
shall be used by the department of public safety to establish a	3188
seat belt education program.	3189

(2) Eight per cent shall be deposited into the elementary	3190
school program fund, which is hereby created in the state	3191
treasury, and shall be used by the department of public safety to	3192
establish and administer elementary school programs that encourage	3193
seat safety belt use.	3194

(3) Two per cent shall be deposited into the Ohio ambulance	3195
licensing trust fund created by section 4766.05 of the Revised	3196
Code.	3197

(4) Twenty-eight per cent shall be deposited into the trauma	3198
and emergency medical services fund, which is hereby created in	3199
the state treasury, and shall be used by the department of public	3200
safety for the administration of the division of emergency medical	3201
services and the state board of emergency medical services.	3202

(5) Fifty-four per cent shall be deposited into the trauma	3203
and emergency medical services grants fund, which is hereby	3204
created in the state treasury, and shall be used by the state	3205
board of emergency medical services to make grants, in accordance	3206
with section 4765.07 of the Revised Code and the rules that the	3207
board adopts under section 4765.11 of the Revised Code.	3208

(F)(1) Subject to division (F)(2) of this section, theThe	3209
failure of a person to wear all of the available elements of a	3210
properly adjusted occupant restraining device in violation of	3211
division (B)(1) or (3) of this section or the failure of a person	3212
to ensure that each minor who is a passenger of an automobile	3213
being operated by thethat person is wearing all of the available	3214
elements of such a properly adjusted occupant restraining device,	3215
in violation of division (B)(2) of this section, shall not be	3216
considered or usedby the trier of fact in a tort action as	3217
evidence of negligence or contributory negligence, shall notfault	3218
or other tortious conduct or considered for any other relevant	3219
purpose if the failure contributed to the harm alleged in the tort	3220
action and may diminish pursuant to sections 2315.32 to 2315.36 of	3221
the Revised Code a recovery forof compensatory damages in any	3222
civila tort action involving the person arising from the	3223
ownership, maintenance, or operation of an automobile; shall not	3224
be used as a basis for a criminal prosecution of the person other	3225
than a prosecution for a violation of this section; and shall not	3226
be admissible as evidence in any civil ora criminal action	3227
involving the person other than a prosecution for a violation of	3228
this section.	3229

(2) If, at the time of an accident involving a passenger car	3230
equipped with occupant restraining devices, any occupant of the	3231
passenger car who sustained injury or death was not wearing an	3232
available occupant restraining device, was not wearing all of the	3233
available elements of such a device, or was not wearing such a	3234
device as properly adjusted, then, consistent with the Rules of	3235
Evidence, the fact that the occupant was not wearing the available	3236
occupant restraining device, was not wearing all of the available	3237
elements of such a device, or was not wearing such a device as	3238
properly adjusted is admissible in evidence in relation to any	3239
claim for relief in a tort action to the extent that the claim for	3240
relief satisfies all of the following:	3241

(a) It seeks to recover damages for injury or death to the	3242
occupant.	3243

(b) The defendant in question is the manufacturer, designer,	3244
distributor, or seller of the passenger car.	3245

(c) The claim for relief against the defendant in question is	3246
that the injury or death sustained by the occupant was enhanced or	3247
aggravated by some design defect in the passenger car or that the	3248
passenger car was not crashworthy.	3249

(3) As used in division (F)(2) of this section, "tort action"	3250
means a civil action for damages for injury, death, or loss to	3251
person or property. "Tort action" includes a product liability	3252
claim that is subject to sections 2307.71 to 2307.80 of the	3253
Revised Code, but does not include a civil action for damages for	3254
a breach of a contract or another agreement between persons.	3255

(G)(1) Whoever violates division (B)(1) of this section shall	3256
be fined thirty dollars.	3257

(2) Whoever violates division (B)(3) of this section shall be	3258
fined twenty dollars.	3259

(3) Except as otherwise provided in this division, whoever	3260
violates division (B)(4) of this section is guilty of a minor	3261
misdemeanor. If the offender previously has been convicted of or	3262
pleaded guilty to a violation of division (B)(4) of this section,	3263
whoever violates division (B)(4) of this section is guilty of a	3264
misdemeanor of the third degree.	3265

Section 4. That the existing version of section 4513.263 of	3266
the Revised Code that is scheduled to take effect January 1, 2004,	3267
is hereby repealed.	3268

Section 5. Sections 3 and 4 of this act shall take effect	3269
January 1, 2004.	3270

Section 6. The General Assembly makes the following statement	3271
of findings and intent:	3272

(A) The General Assembly finds:

3273

(1) The current civil litigation system represents an	3274
increasing danger to the economic viability of the state of Ohio.	3275

(2) The current tort system forces companies into bankruptcy,	3276
deprives Ohioans of essential jobs, and stifles further	3277
innovation.	3278

(3) The General Assembly recognizes that civil justice reform	3279
strikes an essential balance between the rights of those who have	3280
been legitimately harmed and the rights of those who have been	3281
unfairly sued.	3282

(4) This state has a rational and legitimate state interest	3283
in making certain that Ohio has a fair, predictable system of	3284
civil justice that preserves the rights of those who have been	3285
harmed by negligent behavior, while curbing the number of	3286
frivolous lawsuits that clog the court system, threaten Ohio jobs,	3287
drive up costs to consumers, and stifle innovation. The General	3288
Assembly bases its findings on this state interest upon the	3289
following evidence:	3290

(a) A National Bureau of Economic Research study estimates	3291
that states that have adopted abuse reforms have experienced	3292
employment growth between eleven and twelve per cent, productivity	3293
growth of seven to eight per cent, and total output growth between	3294
ten and twenty per cent for liability reducing reforms.	3295

(b) According to a 2002 study from the White House Council of	3296
Economic Advisors, the cost of tort litigation is equal to a two	3297
and one tenth per cent wage and salary tax, a one and three tenth	3298
per cent tax on personal consumption, and a three and one tenth	3299
per cent tax on capital investment income.	3300

(c) The 2003 Harris Poll of nine hundred and twenty-eight	3301
senior corporate attorneys conducted by the United States Chamber	3302
of Commerce's Institute for Legal Reform reports that eight out of	3303
ten respondents claim that the litigation environment in a state	3304
could affect important business decisions about their company,	3305
such as where to locate or do business. In addition, one in four	3306
senior attorneys surveyed cited limits on damages as one specific	3307
means for state policy makers to improve the litigation	3308
environment in their state and promote economic development.	3309

(d) The cost of the United States tort system grew at a	3310
record rate in 2001, according to a February 2003 study published	3311
by Tillinghast-Towers Perrin. The system, however, failed to	3312
return even fifty cents for every dollar to people who were	3313
injured. Tillinghast-Towers Perrin also found that fifty-four per	3314
cent of the total cost accounted for attorney's fees, both for	3315
plaintiffs and defendants, and administration. Only twenty-two per	3316
cent of the tort system's cost was used directly to reimburse	3317
people for the economic damages associated with injuries and	3318
losses they sustain.	3319

(e) The Tillinghast-Towers Perrin study also found that the	3320
cost of the United States tort system grew fourteen and three	3321
tenths of a per cent in 2001, the highest increase since 1986,	3322
greatly exceeding overall economic growth of two and six tenth per	3323
cent. As a result, the cost of the United States tort system rose	3324
to two hundred and five billion dollars total or seven hundred and	3325
twenty-one dollars per citizen, equal to a five per cent tax on	3326
wages.	3327

(f) As stated in testimony by Ohio Department of Development	3328
Director Bruce Johnson, as a percentage of the gross domestic	3329
product, United States tort costs have grown from six tenths of a	3330
per cent to two per cent since 1950, about double the percentage	3331
that other industrialized nations pay annually. These tort costs	3332
put Ohio businesses at a disadvantage vis-a-vis foreign	3333
competition and are not helpful to development.	3334

(5)(a) Reform to the punitive damages law in Ohio is urgently	3335
needed to restore balance, fairness, and predictability to the	3336
civil justice system.	3337

(b) In prohibiting a court from entering judgment for	3338
punitive or exemplary damages in excess of the greater of the	3339
amount of compensatory damages awarded to the plaintiff or one	3340
hundred thousand dollars and, with respect to an employer with	3341
five hundred or fewer employees, from entering judgment for	3342
punitive or exemplary damages in excess of the lesser of the	3343
amount of compensatory damages awarded to the plaintiff or one	3344
hundred thousand dollars, the General Assembly finds the	3345
following:	3346

(i) Punitive or exemplary damages awarded in tort actions are	3347
similar in nature to fines and additional court costs imposed in	3348
criminal actions, because punitive or exemplary damages, fines,	3349
and additional court costs are designed to punish a tortfeasor for	3350
certain wrongful actions or omissions.	3351

(ii) The absence of a statutory ceiling upon recoverable	3352
punitive or exemplary damages in tort actions has resulted in	3353
excessive and occasionally multiple awards of punitive or	3354
exemplary damages that have no rational connection to the wrongful	3355
actions or omissions of the tortfeasor.	3356

(iii) The distinction between small employers and other	3357
defendants based on the number of full-time permanent employees	3358
distinguishes all other defendants including individuals and	3359
nonemployers. This distinction is rationally based on size	3360
considering both the economic capacity of an employer to maintain	3361
that number of employees and to impact the community at large, as	3362
exemplified by the United States Small Business Administration's	3363
Office of Advocacy.	3364

(c) The limits on punitive or exemplary damages as specified	3365
in section 2315.21 of the Revised Code, as amended by this act,	3366
are based on guidance recently provided by the United States	3367
Supreme Court in State Farm Mutual Insurance v. Campbell (2003),	3368
123 S.Ct. 1513. In determining whether a one hundred and	3369
forty-five million dollar award of punitive damages was	3370
appropriate, the United States Supreme Court referred to the three	3371
guideposts for punitive damages articulated in BMW of North	3372
America Inc. v. Gore (1996), 517 U.S. 599: (1) the degree of	3373
reprehensibility of the defendant's misconduct; (2) the disparity	3374
between the actual or potential harm suffered by the plaintiff and	3375
the punitive damages awarded; and (3) the difference between the	3376
punitive damages awarded by the jury and the civil penalties	3377
authorized or imposed in comparable cases. According to the United	3378
States Supreme Court, "few awards exceeding a single digit ratio	3379
between punitive damages and compensatory damages. . . will	3380
satisfy due process." Id. at 31.	3381

(d) The limits on punitive or exemplary damages as specified	3382
in section 2315.21 of the Revised Code, as amended by this act,	3383
are based on testimony asking members of the General Assembly to	3384
recognize the economic impact of excessive and occasionally	3385
multiple punitive damages awards and stating that a number of	3386
other states have imposed limits on punitive or exemplary damage	3387
awards.	3388

(6)(a) Noneconomic damages include such things as pain and	3389
suffering, emotional distress, and loss of consortium or	3390
companionship, which do not involve an economic loss and have,	3391
therefore, no precise economic value. The General Assembly	3392
recognizes that it is very difficult for juries to assign a dollar	3393
value to these losses, particularly with the minimal guidance the	3394
juries are normally given. As a result, these awards tend to be	3395
erratic and, because of the highly charged environment of personal	3396
injury trials, excessive.	3397

(b) The limits on compensatory damages representing	3398
noneconomic loss, as specified in section 2323.43 of the Revised	3399
Code, as amended by this act, are based on testimony asking	3400
members of the General Assembly to recognize these distinctions	3401
and stating that the cap amounts are similar to caps on awards	3402
adopted by other states.	3403

(c) In Schiller v. Wal-Mart Stores, Inc. (1997), 949 P.2d 89,	3404
one of the issues addressed by the Court of Appeals of Colorado is	3405
whether the caps on noneconomic damages constitute a violation of	3406
the rights to equal protection and due process as provided under	3407
the United States and Colorado Constitutions, as well as the	3408
right, pursuant to Article 2, Section 6 of the Colorado	3409
Constitution, to access to the courts. Article 2, Section 6	3410
provides that "courts of justice shall be open to every person,	3411
and a speedy remedy afforded for every injury to person, property,	3412
or character; and right and justice should be administered without	3413
sale, denial, or delay."	3414

(d) On a question of law certified from the United States	3415
District Court for the District of Idaho, the Supreme Court of	3416
Idaho held that the cap on noneconomic damages was constitutional.	3417
In Kirkland v. Blaine County Medical Center (2000), 134 Idaho 464,	3418
the Supreme Court of Idaho addressed the issue of whether the	3419
limit on noneconomic damages was unconstitutional under the Idaho	3420
Constitution. The Court held that the limit on noneconomic damages	3421
was constitutional and did not violate the right to a jury trial	3422
in that the limit on noneconomic damages was a modification of a	3423
common law remedy that was within the powers of the legislature	3424
and did not infringe upon the jury's right to decide cases.	3425

(e) In Edmonds v. Murphy (1990), 83 Md. App. 133, the Court	3426
of Special Appeals held that the limit on noneconomic damages did	3427
not violate Article 19 of the Maryland Declaration of Rights,	3428
which provides "[t]hat every man, for any injury done to him in	3429
his person or property, ought to have remedy by the course of the	3430
Law of the land, and ought to have justice and right, freely	3431
without sale, fully without any denial, and speedily without	3432
delay, according to the Law of the land." The Court held that	3433
"[t]he majority of courts that have addressed [noneconomic	3434
damages] caps under either a Fourteenth Amendment due process	3435
analysis or an analysis under state constitutional provisions	3436
similar to Article 19 have upheld caps." The Court agreed with the	3437
"sound reasoning of the majority of courts that have analyzed caps	3438
under due process analysis or under constitutional provisions	3439
similar to Article 19 and found no constitutional violation."	3440
Accordingly, the Court of Special Appeals of Maryland held that	3441
the limits on noneconomic damages did not violate the state's	3442
"open courts" provision.	3443

(7)(a) Statutes of repose are vital instruments that provide	3444
time limits, closure, and peace of mind to potential parties of	3445
lawsuits.	3446

(b) Forty-seven other states have adopted statutes of repose	3447
to protect architects, engineers, and constructors of improvements	3448
to real property from lawsuits arising after a specific number of	3449
years after completion of an improvement to real property. The	3450
General Assembly recognizes that Kentucky, New York, and Ohio are	3451
the only three states that do not have a statute of repose. The	3452
General Assembly also acknowledges that Ohio stands by itself, due	3453
to the fact that both Kentucky and New York have a rebuttable	3454
presumption that exists and only if a plaintiff can overcome that	3455
presumption can a claim continue.	3456

(c) As stated in testimony by Jack Pottmeyer, architect and	3457
managing principal of MKC Associates, Inc., this unlimited	3458
liability forces professionals to maintain records in perpetuity,	3459
because those professionals cannot reasonably predict when a	3460
record from fifteen or twenty years earlier may become the subject	3461
of a civil action. Those actions occur despite the fact that, over	3462
the course of many years, owners of the property or those	3463
responsible for its maintenance could make modifications or other	3464
substantial changes that would significantly change the intent or	3465
scope of the original design of the property designed by an	3466
architectural firm. The problem is compounded by the fact that	3467
professional liability insurance for architects and engineers is	3468
offered by relatively few insurance carriers and is written on	3469
what is known as a "claims made basis," meaning a policy must be	3470
in effect when the claim is made, not at the time of the service,	3471
in order for the claim to be paid. Without a statute of repose,	3472
professional liability insurance must be maintained forever to	3473
ensure coverage of any potential claim on previous services. These	3474
minimum annual premiums can add up, averaging between three	3475
thousand five hundred dollars and five thousand dollars annually,	3476
which is especially burdensome for a retired design professional.	3477

(8)(a) The collateral source rule prohibits a defendant from	3478
introducing evidence that the plaintiff received any benefits from	3479
sources outside the dispute. The General Assembly recognizes that	3480
this rule allows a plaintiff to recover the full amount of damages	3481
twice and also undermines the basis of a fault-based liability	3482
system.	3483

(b) Twenty-one states have modified or abolished the	3484
collateral source rule.	3485

(9)(a) Asbestos claims have created an increased amount of	3486
litigation in state and federal courts that the United States	3487
Supreme Court has characterized as "an elephant mass" of cases	3488
that "defies customary judicial administration and calls for	3489
national legislation." Ortiz v. Fibreboard Corporation (1999), 119	3490
S.Ct. 2295, 2303.	3491

(b) The current asbestos personal injury litigation system is	3492
unfair and inefficient, imposing a severe burden on litigants and	3493
taxpayers alike.	3494

(c) The extraordinary volume of nonmalignant asbestos cases	3495
continue to strain federal and state courts, with over two hundred	3496
thousand cases pending and over fifty thousand new cases filed	3497
each year.	3498

(d) Asbestos personal injury litigation has already	3499
contributed to the bankruptcy of more than sixty companies,	3500
including nearly all manufacturers of asbestos textile and	3501
insulation products, and the ratio of asbestos-driven bankruptcies	3502
is accelerating.	3503

(e) The General Assembly recognizes that the vast majority of	3504
asbestos claims are filed by individuals who allege they have been	3505
exposed to asbestos and who have some physical sign of exposure to	3506
asbestos, but who do not suffer from an asbestos-related	3507
impairment.	3508

(f) The cost of compensating exposed individuals who are not	3509
ill jeopardizes the ability of defendants to compensate people	3510
with cancer and other serious asbestos-related diseases, now and	3511
in the future; threatens savings, retirement benefits, and jobs of	3512
the state's current and retired employees; adversely affects the	3513
communities in which these defendants operate; and impairs Ohio's	3514
economy.	3515

(g) As stated in testimony by Robert Bunda, a trial lawyer	3516
who has been involved with the defense of asbestos claims on	3517
behalf of Owens-Illinois, Inc. for twenty-four years, there is	3518
something terribly wrong with the current civil justice system,	3519
evidenced by the fact that Owens-Illinois has been sued over three	3520
hundred thousand times for its brief involvement in manufacturing	3521
asbestos. According to Mr. Bunda, at least five Ohio-based	3522
companies have gone bankrupt because of the cost of paying people	3523
who are not sick. These bankruptcies have imperiled the	3524
availability of even modest compensation for the most seriously	3525
injured asbestos workers. They have also imperiled jobs, the	3526
health benefits, and the retirement funds of tens of thousands of	3527
blue-collar workers. New jobs are not being created in Ohio, and	3528
existing Ohio jobs are being destroyed.	3529

(h) According to a study conducted by NERA Economic	3530
Consulting, in 2000, Owens-Corning laid off two hundred and	3531
seventy-five employees from its Granville, Ohio plant. The ripple	3532
effect of those job losses predicts total employment in the county	3533
of almost five hundred jobs and a fifteen million to twenty	3534
million dollar annual reduction in regional income.	3535

(i) The public interest requires the deferring of claims of	3536
exposed individuals who are not ill in order to preserve, now and	3537
for the future, defendants' ability to compensate people who	3538
develop cancer and other serious asbestos-related injuries and to	3539
safeguard the jobs, benefits, and savings of the state's employees	3540
and the well being of the Ohio economy.	3541

(B) In enacting section 2305.131 of the Revised Code in this	3542
act, it is the intent of the General Assembly to do all of the	3543
following:	3544

(1) To declare that the ten-year statute of repose prescribed	3545
by section 2305.131 of the Revised Code, as enacted by this act,	3546
is a specific provision intended to promote a greater interest	3547
than the interest underlying the general four-year statute of	3548
limitations prescribed by section 2305.09 of the Revised Code, the	3549
general two-year statute of limitations prescribed by section	3550
2305.10 of the Revised Code, and other general statutes of	3551
limitation prescribed by the Revised Code;	3552

(2) To recognize that, subsequent to the completion of the	3553
construction of an improvement to real property, all of the	3554
following generally apply to the persons who provided services for	3555
the improvement or who furnished the design, planning, supervision	3556
of construction, or construction of the improvement:	3557

(a) They lack control over the improvement, the ability to	3558
make determinations with respect to the improvement, and the	3559
opportunity or responsibility to maintain or undertake the	3560
maintenance of the improvement.	3561

(b) They lack control over other forces, uses, and	3562
intervening causes that may cause stress, strain, or wear and tear	3563
to the improvement.	3564

(c) They have no right or opportunity to be made aware of, to	3565
evaluate the effect of, or to take action to overcome the effect	3566
of the forces, uses, and intervening causes described in division	3567
(E)(5)(b) of this section.	3568

(3) To recognize that, more than ten years after the	3569
completion of the construction of an improvement to real property,	3570
the availability of relevant evidence pertaining to the	3571
improvement and the availability of witnesses knowledgeable with	3572
respect to the improvement is problematic;	3573

(4) To recognize that maintaining records and other	3574
documentation pertaining to services provided for an improvement	3575
to real property or the design, planning, supervision of	3576
construction, or construction of an improvement to real property	3577
for a reasonable period of time is appropriate and to recognize	3578
that, because the useful life of an improvement to real property	3579
may be substantially longer than ten years after the completion of	3580
the construction of the improvement, it is an unacceptable burden	3581
to require the maintenance of those types of records and other	3582
documentation for a period in excess of ten years after that	3583
completion;	3584

(5) To declare that section 2305.131 of the Revised Code, as	3585
enacted by this act, strikes a rational balance between the rights	3586
of prospective claimants and the rights of design professionals,	3587
construction contractors, and construction subcontractors and to	3588
declare that the ten-year statute of repose prescribed in that	3589
section is a rational period of repose intended to preclude the	3590
pitfalls of stale litigation but not to affect civil actions	3591
against those in actual control and possession of an improvement	3592
to real property at the time that a defective and unsafe condition	3593
of that improvement causes an injury to real or personal property,	3594
bodily injury, or wrongful death.	3595

(C) In enacting division (D)(2) of section 2125.02 and	3596
division (C) of section 2305.10 of the Revised Code in this act,	3597
it is the intent of the General Assembly to do all of the	3598
following:	3599

(1) To declare that the ten-year statute of repose prescribed	3600
by division (D)(2) of section 2125.02 and division (C) of section	3601
2305.10 of the Revised Code, as enacted by this act, are specific	3602
provisions intended to promote a greater interest than the	3603
interest underlying the general four-year statute of limitations	3604
prescribed by section 2305.09 of the Revised Code, the general	3605
two-year statutes of limitations prescribed by sections 2125.02	3606
and 2305.10 of the Revised Code, and other general statutes of	3607
limitations prescribed by the Revised Code;	3608

(2) To declare that, subject to the two-year exceptions	3609
prescribed in division (D)(2)(d) of section 2125.02 and in	3610
division (C)(4) of section 2305.10 of the Revised Code, the	3611
ten-year statutes of repose shall serve as a limitation upon the	3612
commencement of a civil action in accordance with an otherwise	3613
applicable statute of limitations prescribed by the Revised Code;	3614

(3) To recognize that subsequent to the delivery of a	3615
product, the manufacturer or supplier lacks control over the	3616
product, over the uses made of the product, and over the	3617
conditions under which the product is used;	3618

(4) To recognize that under the circumstances described in	3619
division (C)(3) of this section, it is more appropriate for the	3620
party or parties who have had control over the product during the	3621
intervening time period to be responsible for any harm caused by	3622
the product;	3623

(5) To recognize that, more than ten years after a product	3624
has been delivered, it is very difficult for a manufacturer or	3625
supplier to locate reliable evidence and witnesses regarding the	3626
design, production, or marketing of the product, thus severely	3627
disadvantaging manufacturers or suppliers in their efforts to	3628
defend actions based on a product liability claim;	3629

(6) To recognize the inappropriateness of applying current	3630
legal and technological standards to products manufactured many	3631
years prior to the commencement of an action based on a product	3632
liability claim;	3633

(7) To recognize that a statute of repose for product	3634
liability claims would enhance the competitiveness of Ohio	3635
manufacturers by reducing their exposure to disruptive and	3636
protracted liability with respect to products long out of their	3637
control, by increasing finality in commercial transactions, and by	3638
allowing manufacturers to conduct their affairs with increased	3639
certainty;	3640

(8) To declare that division (D)(2) of section 2125.02 and	3641
division (C) of section 2305.10 of the Revised Code, as enacted by	3642
this act, strike a rational balance between the rights of	3643
prospective claimants and the rights of product manufacturers and	3644
suppliers and to declare that the ten-year statutes of repose	3645
prescribed in those sections are rational periods of repose	3646
intended to preclude the problems of stale litigation but not to	3647
affect civil actions against those in actual control and	3648
possession of a product at the time that the product causes an	3649
injury to real or personal property, bodily injury, or wrongful	3650
death;	3651

(D) In enacting sections 2307.91 to 2307.97 of the Revised	3652
Code, it is the intent of the General Assembly to: (1) give	3653
priority to those asbestos claimants who can demonstrate actual	3654
physical harm or illness caused by exposure to asbestos; (2) fully	3655
preserve the rights of claimants who were exposed to asbestos to	3656
pursue compensation should those claimants become impaired in the	3657
future as a result of such exposure; (3) enhance the ability of	3658
the state's judicial systems and federal judicial systems to	3659
supervise and control litigation and asbestos-related bankruptcy	3660
proceedings; and (4) conserve the scarce resources of the	3661
defendants to allow compensation of cancer victims and others who	3662
are physically impaired by exposure to asbestos while securing the	3663
right to similar compensation for those who may suffer physical	3664
impairment in the future.	3665

(E) The General Assembly declares its intent that the	3666
amendment made by this act to section 2307.71 of the Revised Code	3667
is intended to supersede the holding of the Ohio Supreme Court in	3668
Carrel v. Allied Products Corp. (1997), 78 Ohio St.3d 284, that	3669
the common law product liability cause of action of negligent	3670
design survives the enactment of the Ohio Product Liability Act,	3671
sections 2307.71 to 2307.80 of the Revised Code, and to abrogate	3672
all common law product liability causes of action.	3673

(F) The Ohio General Assembly respectfully requests the Ohio	3674
Supreme Court to uphold this intent in the courts of Ohio, to	3675
reconsider its holding on damage caps in State v. Sheward (1999),	3676
Ohio St. 3d 451, to reconsider its holding on the deductibility of	3677
collateral source benefits in Sorrel v. Thevenir (1994), 69 Ohio	3678
St. 3d 415, and to reconsider its holding on statutes of repose in	3679
Sedar v. Knowlton Constr. Co. (1990) 49 Ohio St. 3d 193.	3680

Section 7. (A) As used in this section, "asbestos," "asbestos	3681
claim," "exposed person," and "substantial contributing factor"	3682
have the same meanings as in section 2307.91 of the Revised Code.	3683

(B) The General Assembly acknowledges the Court's authority	3684
in prescribing rules governing practice and procedure in the	3685
courts of this state, as provided by Section 5 of Article IV of	3686
the Ohio Constitution.	3687

(C) The General Assembly hereby requests the Supreme Court to	3689
adopt a "Legal Consumer's Bill of Rights."	3690

(D) The General Assembly hereby requests the Supreme Court to	3691
adopt rules to specify procedures for venue and consolidation of	3692
asbestos claims brought pursuant to sections 2307.91 to 2307.95 of	3693
the Revised Code.	3694

(E) With respect procedures for venue in regard to asbestos	3695
claims, the General Assembly hereby requests the Supreme Court to	3696
adopt a rule that requires that an asbestos claim meet specific	3697
nexus requirements, including the requirement that the plaintiff	3698
be domiciled in Ohio or that Ohio is the state in which the	3699
plaintiff's exposure to asbestos is a substantial contributing	3700
factor.	3701

(F) With respect to procedures for consolidation of asbestos	3702
claims, the General Assembly hereby requests the Supreme Court to	3703
adopt a rule that permits consolidation of asbestos claims only	3704
with the consent of all parties, and in absence of that consent,	3705
permits a court to consolidate for trial only those asbestos	3706
claims that relate to the same exposed person and members of the	3707
exposed person's household.	3708

Section 8.  If any item of law that constitutes the whole or	3709
part of a section of law contained in this act, or if any	3710
application of any item of law that constitutes the whole or part	3711
of a section of law contained in this act, is held invalid, the	3712
invalidity does not affect other items of law or applications of	3713
items of law that can be given effect without the invalid item of	3714
law or application. To this end, the items of law of which the	3715
sections contained in this act are composed, and their	3716
applications, are independent and severable.	3717

Section 9. If any item of law that constitutes the whole or	3718
part of a section of law contained in this act, or if any	3719
application of any item of law contained in this act, is held to	3720
be preempted by federal law, the preemption of the item of law or	3721
its application does not affect other items of law or applications	3722
that can be given affect. The items of law of which the sections	3723
of this act are composed, and their applications, are independent	3724
and severable.	3725